الثلاثاء، 14 يونيو، 2011

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  • rkumar28
    10-22 10:32 AM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.

    Hi Prashanthi/Attorneys/Experts,

    I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
    Your advice is helpful.




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  • GCOP
    03-30 02:36 PM
    Sorry to learn your situation and wish you good Luck to pass the exam, next time when you will the chance of re-entry. Hopefully you will get that chance very soon. Also thanks for sharing your story. Once again, Good Luck to you.




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  • ramaonline
    03-23 06:11 PM
    Income from websites is usually considered as passive investment (something similar to investing in stocks etc) This is legally allowed on H1B
    You must report all income earned while filing ur taxes

    Please confirm with an immig attorney




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  • roseball
    03-31 11:01 PM
    I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.

    I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.

    Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.

    On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.

    On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.

    As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.

    What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).

    What are my options/risks; deportation for instance? Should I leave the country immediately?

    You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.



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  • roseball
    07-28 04:32 PM
    Roseball and sumkum,

    Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.

    My new AP starts from the date my current AP expires.




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  • waiting_4_gc
    07-18 06:48 PM
    Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.


    Its going to be another lawsuit :confused:



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  • desi3933
    04-07 06:57 PM
    ......
    Finally secured the job with 3 offers from 3 top companies
    ......

    Congrats!

    _______________________
    US citizen of Indian origin




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  • thatwillbeit
    10-03 02:58 PM
    gc_mania_03,

    Sorry for the delay in replying, I just saw the message and replying to it as soon as I saw it.

    Anyway, I did send the photographs to the Service Center along with covering letter explaining the issue along with a copy of the AP receipt notice.

    I did not get any RFE for AP and they approved it about 6-8 weeks after I sent over the photographs.

    Hope this helps



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  • tabaching
    10-22 09:40 PM
    Hello guys,

    thanks for the reply.
    But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?

    Please advice.




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  • northstar
    10-09 07:36 PM
    Pretty much in line with what the community was expecting..



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  • H1B2GC
    10-02 06:24 PM
    USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.

    Try calling them to know about your RFE; you might get lucky!




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  • vamsi_poondla
    12-20 08:03 AM
    Receipt Number: SRC0XXXXXXXX

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice Returned as Undeliverable.

    On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..

    I have not yet got the FP appointment. Could this be the letter for that or something else serious?
    After filing, my address changed.
    I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.



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  • cdeneo
    01-08 05:53 PM
    If one has applied for AOS and received EAD/AP in the maiden name, should one wait or just get the name changed before I-485 is approved?

    Once the name has been changed on the passport and SSN, what should be done to get the name changed on the AOS application and EAD/AP?

    I would really appreciate your insight into this - Thanks!

    If you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).

    First plan where changing it is priority..something like:

    > Financial (Banks, credit cards, brokers etc.)
    > US Govt Agencies
    Immigration (Since you have applied for AoS, might wait)
    SSN
    IRS (will be changed with a new return)
    Local towns (only if necessary)
    DMV - License
    > Passport
    > Workplace

    then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.

    Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.

    SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.

    The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)

    Good luck !




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  • go_guy123
    01-11 05:18 AM
    Things r getting bad in the US...I'd suggest better move to Canada now and start a business if u have saved enough to start one. Wait for citizenship and come back later on a TN Visa which is valid forever (barring the pain of yearly extensions u shudn't have any other issue).

    In the US u cud lose ur job anytime however stable it might look like now. Else what was the point in applying for Canadian PR and all the pains u took???

    TN visa is now valid for 3 years (earlier it used to be for 1 year)



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  • stones
    06-30 10:14 PM
    RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.


    Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?

    Here are the details for my case

    * � I graduated in Dec. 2007.
    * � My OPT has started on December, 2007 (expires on December, 2008).
    * � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
    * � I received Notice of H1B approval. (I797A Notice Date June, 2008).
    * � H1B is valid from 10/01/2008 to 10/01/2011.
    * � I lost my job with Company A on September 18th, 2008.
    * � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
    * � I requested Company B to transfer my H1B.
    * � USCIS received my petition for a transfer on October 28th, 2008.
    * � My Transfer petition was pending with company B

    Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.

    Thank You, Please let me know if you have any questions.




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  • ganip
    10-30 12:46 PM
    Hi,

    I recieved my EAD card recently and noticed that the date of birth on the card is not correct(I filled the application incorrectly the montha day got swapped),can you please suggest on what i have to do to correct the date on the card.



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  • hankles
    12-09 05:35 PM
    O*Net Online website has a useful tool to learn which other occupations relate to one's present occupation. Simply enter your O*Net/SOC code and go to "Related Occupations".

    This may prove useful for inidividuals searching for jobs in "similar" occupations. Altough this information can be very handy it goes without saying that every case is different and one should not solely rely on this.




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  • harish
    06-04 11:34 AM
    please help

    I updated my address via online at USCIS, sent the AR-11 via certified mail, only to find out that my current address was not on file for my I-485 that was pending at that time.

    I called TSC using POJ technique, and the IO who answered was very helpful and she took down my new address. I provided both mine and my spouse's receipt numbers and she updated the address for both of us. I had three soft LUD's only after I spoke to the IO.

    For those who have to change their address, please take some time and call TSC and verify your address on file! Hope this helps.




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  • rgrant
    04-04 07:55 AM
    I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.




    sunty
    11-05 03:37 PM
    You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.

    For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

    Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again




    sankap
    07-05 03:28 PM
    http://online.wsj.com/article_print/SB118359095890657571.html

    Reversal Frustrates Green-Card Applicants
    By MIRIAM JORDAN
    THE WALL STREET JOURNAL: July 5, 2007

    The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.

    The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.

    The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.

    By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
    [Green-Card Limbo]

    The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.

    "The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.

    Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.

    Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.

    In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.

    News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.

    "My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."

    Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.

    The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.

    A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.

    Write to Miriam Jordan at miriam.jordan@wsj.com1



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