gcretroiv
02-10 09:30 AM
you are screwed, yes seriously
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
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nixone
07-30 05:09 PM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
pitha
07-11 11:49 AM
we made our point, lets move on to the next thing, which might be contacting senators, making them aware of our issues and showing them to coverage of flower campaign in NYTIMES, washington post, reuters etc,
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gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
more...
gc_lover
07-09 10:20 AM
If you search...you will find more of these ads!
EB2/ EB3 PREAPPROVED LABOR AVAILABLE
This is your last chance to get labor substitution done !
- CALL IMMEDIATELY
If you are still looking for EB2 or EB3 pre approved labor or if you know of any friends that need one !
Please call Purvi immediately at 732-494-4999 x 104
or email at pjhala@aequor.com along with your resume and contact information with the subject line � PREAPPROVED LABOR.
Stay as far away from Aequor as you can. They once offered me a 35K job in NJ. Thats a lot of money in NJ I have no place to store that kind of wealth!
EB2/ EB3 PREAPPROVED LABOR AVAILABLE
This is your last chance to get labor substitution done !
- CALL IMMEDIATELY
If you are still looking for EB2 or EB3 pre approved labor or if you know of any friends that need one !
Please call Purvi immediately at 732-494-4999 x 104
or email at pjhala@aequor.com along with your resume and contact information with the subject line � PREAPPROVED LABOR.
Stay as far away from Aequor as you can. They once offered me a 35K job in NJ. Thats a lot of money in NJ I have no place to store that kind of wealth!
H1Girl
05-08 02:30 AM
Hi,
...
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Yes soft update on 05/04 (TSC). No status change or anything...
...
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Yes soft update on 05/04 (TSC). No status change or anything...
more...
iv4yarli
12-18 12:31 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
Thanks for your help...
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waitin_toolong
08-14 06:17 AM
Hello All,
One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.
Regards,
Azeez
It would not invalidate the transfer, as legally there is no such thing as transfer it is always a new H1/4 what she loses is her extension period on I-94 and you will be forced to file an extension for her an unnecessary hassel. Usually if H1/4 travel together this problem rarely happens as the H4 spouse is automatically given same I-94 time as H1 per their new I-797. But some VO's surprise are still too new at their job to figure out the same for H4 travelling alone.
One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.
Regards,
Azeez
It would not invalidate the transfer, as legally there is no such thing as transfer it is always a new H1/4 what she loses is her extension period on I-94 and you will be forced to file an extension for her an unnecessary hassel. Usually if H1/4 travel together this problem rarely happens as the H4 spouse is automatically given same I-94 time as H1 per their new I-797. But some VO's surprise are still too new at their job to figure out the same for H4 travelling alone.
more...
rsdang1
10-13 04:51 PM
no dude..it does not..there is not much it will give us..
we need visa recapture, elimination of country quota and simplification of ac21 rules
(i feel like i am asking for free beer :p)
Dude I agree that we need Visa recapture but and additional 50K visas a year for EB will go a long way as well....
In current situation any increase in EB visas will help...
:)
we need visa recapture, elimination of country quota and simplification of ac21 rules
(i feel like i am asking for free beer :p)
Dude I agree that we need Visa recapture but and additional 50K visas a year for EB will go a long way as well....
In current situation any increase in EB visas will help...
:)
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whoever
07-25 03:48 PM
now what you want to protest for? i guess it should not be misused.
more...
chanduv23
01-14 05:06 PM
Hi All,
I have a question and this is regarding my husband.
We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.
My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.
My husband wants to join the Company (B), and keeps on working for the same client (C).
Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.
Thanks
A lot of people want to do this and have done it in past. Depends on the relationship between A and B. B would definitely prefer to have you on rolls because no one likes to deal with additional layers. Look into contract issues and obligations before you make the leap.
I have a question and this is regarding my husband.
We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.
My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.
My husband wants to join the Company (B), and keeps on working for the same client (C).
Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.
Thanks
A lot of people want to do this and have done it in past. Depends on the relationship between A and B. B would definitely prefer to have you on rolls because no one likes to deal with additional layers. Look into contract issues and obligations before you make the leap.
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nandakumar
05-15 07:24 PM
nandakumar:
It's bravo IV. Each of us should tell and motivate others to join IV. You see for most part, your posting in these forums in IV is very anonymous. I think except for yourself, no one can get see your profile details including your full name, phone number etc.
Also, keep looking for opportunities to write to editors, anchors etc., whenever they speak rubbish. All that we are doing now is letting the media know that legal immigrants have huge issues and unresolved problems. We are writing to them that things have been very unfair. We are educating them............
learning01:
I have given all my details including my address, employer details in my profile except for my Phone number. Not sure how to enable it to see others. I tried clicking 7-8 members profile including yours but not able to view any details. Am I doing something wrong?
Btw, besides my contribution, I have made more then 20 people to contribute and as well made more then 50 to become IV members by creating threads in forums like murthy.com & immigration.com. I'm the first person to let the people in Cisco systems to know about IV during its initial stage by mailing to the common email aliases used by Indians and Chinese and only person to do so until Apr 15, I left Cisco after that. I faced lot of criticisms but even then I would mail at least once in 3 weeks and remind them the importance of joining and contributing to IV. I believe there are at least 100 members from Cisco.
I made my friends to contribute and made them to post details about IV in companies such as HP, NetApp, BMS, and Symantec etc.
I have also volunteered when the admin or shery wanted volunteers.
I may not have done exceptional contribution when compared to the core members and senior member like you but did contribute to best of my effort and have email proofs/appreciation from members who have joined and contributed because of my initiation. Please send a private msg with your contact email, I can forward those emails.
No offence, explaining my side of the story.
It's bravo IV. Each of us should tell and motivate others to join IV. You see for most part, your posting in these forums in IV is very anonymous. I think except for yourself, no one can get see your profile details including your full name, phone number etc.
Also, keep looking for opportunities to write to editors, anchors etc., whenever they speak rubbish. All that we are doing now is letting the media know that legal immigrants have huge issues and unresolved problems. We are writing to them that things have been very unfair. We are educating them............
learning01:
I have given all my details including my address, employer details in my profile except for my Phone number. Not sure how to enable it to see others. I tried clicking 7-8 members profile including yours but not able to view any details. Am I doing something wrong?
Btw, besides my contribution, I have made more then 20 people to contribute and as well made more then 50 to become IV members by creating threads in forums like murthy.com & immigration.com. I'm the first person to let the people in Cisco systems to know about IV during its initial stage by mailing to the common email aliases used by Indians and Chinese and only person to do so until Apr 15, I left Cisco after that. I faced lot of criticisms but even then I would mail at least once in 3 weeks and remind them the importance of joining and contributing to IV. I believe there are at least 100 members from Cisco.
I made my friends to contribute and made them to post details about IV in companies such as HP, NetApp, BMS, and Symantec etc.
I have also volunteered when the admin or shery wanted volunteers.
I may not have done exceptional contribution when compared to the core members and senior member like you but did contribute to best of my effort and have email proofs/appreciation from members who have joined and contributed because of my initiation. Please send a private msg with your contact email, I can forward those emails.
No offence, explaining my side of the story.
more...
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smisachu
04-26 11:18 AM
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
Thanks for the reply. I guess no luck is good luck in the present immigration system.:mad:
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
Thanks for the reply. I guess no luck is good luck in the present immigration system.:mad:
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vjmjaan
08-29 12:29 AM
Guys,
http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
As per the Direct filing update on 21st June you can file your 485 at any center regardless of your place of employment or residence or 140 approval.
So dont worry, your case will be appropriately transferred to the correct service center.
Let us concentrate more on the DC rally.
http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
As per the Direct filing update on 21st June you can file your 485 at any center regardless of your place of employment or residence or 140 approval.
So dont worry, your case will be appropriately transferred to the correct service center.
Let us concentrate more on the DC rally.
more...
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485_spouse
07-20 03:09 PM
Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.
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devan
11-04 01:43 AM
Hello gurus,
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
more...
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meetpravee
07-16 04:25 PM
Call the toll free number (877-CBP-5511 ) of the customs and border patrol (Questions/Customer Service - CBP.gov (http://www.cbp.gov/xp/cgov/toolbox/contacts/customer_service.xml)). They can give you the location and number of your local city's office. Call your local city customs office and identify yourself using passport number. They may ask you some basic questions to verify your identity.
Inform the officer about the query from USCIS and ask them to give you the I-94 number, validity date. They wont give you a physical copy of I-94, but they will certainly tell you the I-94 number and expiry date. While responding to the RFE from USCIS, you can say that - "I-94 is taken back while leaving the country. Based on the call with Customs and Border patrol on so and so date and time, the I-94 number is blaw and validatity date is blaw blaw"
Your attorney should be able to write the above message in legal language. I had a similar RFE and I was able to call customs office and get all my I-94 information. When I called the local Customs and border patrol office, they picked up the phone immediately and they seem to be very friendly. Good luck.
Inform the officer about the query from USCIS and ask them to give you the I-94 number, validity date. They wont give you a physical copy of I-94, but they will certainly tell you the I-94 number and expiry date. While responding to the RFE from USCIS, you can say that - "I-94 is taken back while leaving the country. Based on the call with Customs and Border patrol on so and so date and time, the I-94 number is blaw and validatity date is blaw blaw"
Your attorney should be able to write the above message in legal language. I had a similar RFE and I was able to call customs office and get all my I-94 information. When I called the local Customs and border patrol office, they picked up the phone immediately and they seem to be very friendly. Good luck.
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shantak
05-08 07:40 AM
I do not see update on online status on the registered cases in my portfolio in TSC.
My wife had applied for AP in first week of Feb, we have received AP in a months time but online status still shows "Application received on Feb xx 2009........"
Saurav
Same here, I applied for AP in the first week of April, I have received the approval letters but the online status shows, your application was received on.... and still pending"". I think there is definitely a disconnect
My wife had applied for AP in first week of Feb, we have received AP in a months time but online status still shows "Application received on Feb xx 2009........"
Saurav
Same here, I applied for AP in the first week of April, I have received the approval letters but the online status shows, your application was received on.... and still pending"". I think there is definitely a disconnect
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ags123
08-29 11:17 AM
Thanks, Roseball. Thats another thing I am not clear on what they will do with I-140. My prev employer had told me they wouldnt withdraw the I-140 and they would revoke H1 after 90 days. It is exactly 6 months since then. So I am guessing they sent in the H1 revocation 3 months ago and CSC has opened it and cancelled H1 now after 3 more months.
I am hoping they will stick to their word of not withdrawing I-140. However as in my case I was part of a large layoff and I dont know if the lawyers may push employer to witdhraw I-140 just to make some cash withdrawing I-140 for every laid off person.
(In my case I am lucky enough to have the same lawyer represent me in the new company, however they wont discuss anything related to what they do for the old company as it is company confidential. So what happens on approved I-140 is a mystery)
The flip side is that it is only 1 week when I am outside I dont know if my luck is that bad that something happens during this one week. I guess no one will have the answer
Anyways have booked tickets so will watch LUD,status etc till the last minute and then take a chance for one week I guess.
I am hoping they will stick to their word of not withdrawing I-140. However as in my case I was part of a large layoff and I dont know if the lawyers may push employer to witdhraw I-140 just to make some cash withdrawing I-140 for every laid off person.
(In my case I am lucky enough to have the same lawyer represent me in the new company, however they wont discuss anything related to what they do for the old company as it is company confidential. So what happens on approved I-140 is a mystery)
The flip side is that it is only 1 week when I am outside I dont know if my luck is that bad that something happens during this one week. I guess no one will have the answer
Anyways have booked tickets so will watch LUD,status etc till the last minute and then take a chance for one week I guess.
kkt_tkk
10-09 01:31 PM
Hi,
My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.
Actually she got her FP and EAD notice receipt number to the same address, but card returned back.
But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.
Request:
Can you please let me know , how to reach customer service representative with options type?.
My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.
Actually she got her FP and EAD notice receipt number to the same address, but card returned back.
But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.
Request:
Can you please let me know , how to reach customer service representative with options type?.
permfiling
08-09 09:59 PM
If he is done with FP, I don't see any issue. Typically USCIS allows grace period as long as you are within the 180 period but since this case is > 180 days, then consult a lawyer to file 245k
NOT True.. they will give and come after you just to deny/revoke it.
NOT True.. they will give and come after you just to deny/revoke it.
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