ramaonline
10-15 03:01 PM
Per murthy.com:
h1 status ends when you start using ead for the current or new part-time/full time job. You can switch to ead for the current job and also work part time
Please confirm this with an immig attny - there is lot of confusion regarding this.
h1 status ends when you start using ead for the current or new part-time/full time job. You can switch to ead for the current job and also work part time
Please confirm this with an immig attny - there is lot of confusion regarding this.
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bekugc
12-11 08:00 PM
as for Mohits qn. i agree with pragirs' answer.
during AC21, if new job description is similar to orig LC thing, and if the new cmpany can put that on paper in offer or empl letter, this shud be enuf... a colleague of mine, who was a developer had his LC as a programmer, after 485 apply/180days/Ead etc, he lost his client and my company waited for 3 weeks & laid him off...he used ac21 and joined a small company, who gave him a QA job, but on paper it was put exactly as what orig LC said. in the july flood, he got his GC, no qns asked.
as for difference in salary, i remember in one of the free teleconf calls done by a prominent attorney , he said if u move from one geographic loc to another, then diff in stds of living etc will allow for same job desc to have pretty diff salary ranges. but if u chg in same geography and have significantly diff salary, it may raise eyebrow...but again what significant means is Gray...
during AC21, if new job description is similar to orig LC thing, and if the new cmpany can put that on paper in offer or empl letter, this shud be enuf... a colleague of mine, who was a developer had his LC as a programmer, after 485 apply/180days/Ead etc, he lost his client and my company waited for 3 weeks & laid him off...he used ac21 and joined a small company, who gave him a QA job, but on paper it was put exactly as what orig LC said. in the july flood, he got his GC, no qns asked.
as for difference in salary, i remember in one of the free teleconf calls done by a prominent attorney , he said if u move from one geographic loc to another, then diff in stds of living etc will allow for same job desc to have pretty diff salary ranges. but if u chg in same geography and have significantly diff salary, it may raise eyebrow...but again what significant means is Gray...
akhilmahajan
04-30 02:25 PM
bumping up >>>>>>>>>>>>>>>>>>>>>
2011 2008 Acura MDX 3.7L Technology
desi3933
02-11 10:43 AM
Hi All,
I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.
As per my understanding these are the options:
1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...
2) I can join my H1 employer...
Can anyone of you please suggest if these options are correct OR is there any other better option available...
Eagerly waiting for responses...
Thanks,
Gagan Chodhry
Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.
You applied for L1 extension on Oct 15th.
Would you mind sharing the denial reason with us?
__________________
Not a legal advice.
I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.
As per my understanding these are the options:
1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...
2) I can join my H1 employer...
Can anyone of you please suggest if these options are correct OR is there any other better option available...
Eagerly waiting for responses...
Thanks,
Gagan Chodhry
Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.
You applied for L1 extension on Oct 15th.
Would you mind sharing the denial reason with us?
__________________
Not a legal advice.
more...
sukhyani
09-04 12:05 PM
Fellows in pain ...
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
Congratulations man!
now here is the stream of questions :)
Your Service Center?
GC approved with Priority date April 2001 or Dec 2004?
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
Congratulations man!
now here is the stream of questions :)
Your Service Center?
GC approved with Priority date April 2001 or Dec 2004?
sargon
01-26 12:32 PM
I am glad that the Admins have deleted it. It really was a stupid question about a specific race...
u are a rasam drinking gulty, right?
:eek:
check your facts again. racism is considered sexy these days ;)
u are a rasam drinking gulty, right?
:eek:
check your facts again. racism is considered sexy these days ;)
more...
Jerrome
05-21 01:48 PM
Dude you are asking for advise on your own RFE but advising others on their RFEs. I dont get it.
I know answer for his RFE and i don't know answer for my RFE? Is that a problem?
I know answer for his RFE and i don't know answer for my RFE? Is that a problem?
2010 2008 Acura MDX Technology
gdhiren
05-08 10:24 AM
There is nothing to be afraid of. I don't think they will even ask where you work. Just talk about Employment based GC retrogression problem and Immigration Voice. They are not interested in hunting down you or your company.
more...
amitjoey
06-14 02:26 PM
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.
Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.
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Pawankalyan
11-07 01:44 PM
I have applied 485 (both for me and wife on Aug 13th 2007) without submitting the medicals...still waiting for 485 receipts...
Just trying to figure out anybody on the same boat..
Just trying to figure out anybody on the same boat..
more...
gcdreamer05
08-18 01:14 PM
As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
My question is also about 485 submitted without medicals, i filed during july 2007, without medicals, they have not yet asked any RFE, but if they do, should i go and do medicals again because i did medical examination in Aug 2007 and sent the documents to my attorney who is waiting to get the RFE.
But will those medicals expire ? or should i do again because i heard there is a change in the format and new form has to be filled.
Does any one know if medicals expire ???
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
My question is also about 485 submitted without medicals, i filed during july 2007, without medicals, they have not yet asked any RFE, but if they do, should i go and do medicals again because i did medical examination in Aug 2007 and sent the documents to my attorney who is waiting to get the RFE.
But will those medicals expire ? or should i do again because i heard there is a change in the format and new form has to be filled.
Does any one know if medicals expire ???
hot 2008 Acura MDX 3.7L Technology
Ann Ruben
07-06 06:04 PM
Hi Raj,
"as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."
Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.
Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.
"In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?"
You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.
Ann
"as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."
Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.
Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.
"In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?"
You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.
Ann
more...
house 2008 Acura MDX 3.7L West Palm
seekerofpeace
09-10 01:53 PM
Folks,
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
tattoo 2008 Acura TL 3.2 Toms River,
lostinbeta
10-28 10:21 PM
Yeah, usually people look for credentials when finding a web designer.
You know what you could try to do?
Possibly create so mock sites to add to your portfolio to show people who are looking.
Like they don't have to be for a real company, make something up, build a site and use that to show people.
You know what you could try to do?
Possibly create so mock sites to add to your portfolio to show people who are looking.
Like they don't have to be for a real company, make something up, build a site and use that to show people.
more...
pictures 2008 Acura MDX 3.7L Technology
ubetman
08-05 10:31 AM
Thanks Tampacoolie...I don't know how I have to persuade my lawyer/representative...guess have to deal with him carefully and politely...they think that we are the lawyers and we know everything..ofcourse may be ...sometimes esp at this point, we have to notify...if we miss this opportunity, no way to appeal also..and u never know when PDs will be current again....
Anyhow thanks guyz for ur suggestions...
Anyhow thanks guyz for ur suggestions...
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tnite
10-31 10:26 AM
4 months from now, there will be another rush for applications for EADs and people will be spending money for it. Everyone will be back on the forums talking about notices and late processing for these applications. Lot of people will have heartburns and their jobs can be in trouble if their EADs do not arrive on time.
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
You're right pappu, most folks only care about a short term solution to this problem. Even without this mess folks who had applied for EAD or AP sometimes got their documents late and they ended up taking unpaid leave from work to make sure they are not working illegally.
With so many apps in the pipeline, I just cant imagine the delays.Not that I am pessimistic but trying to be prepared for the worst.
And add to that the financial burden of applying ever year (approx $700) for applicant and derivative.That's something you could have saved, spent on your family instead ended up renewing the EAD/AP.
Just my 2 cents
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
You're right pappu, most folks only care about a short term solution to this problem. Even without this mess folks who had applied for EAD or AP sometimes got their documents late and they ended up taking unpaid leave from work to make sure they are not working illegally.
With so many apps in the pipeline, I just cant imagine the delays.Not that I am pessimistic but trying to be prepared for the worst.
And add to that the financial burden of applying ever year (approx $700) for applicant and derivative.That's something you could have saved, spent on your family instead ended up renewing the EAD/AP.
Just my 2 cents
more...
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jcrajput
09-29 07:00 PM
I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:
------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):
x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.
The following document may be provided.
Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.
---------------------------------
Here below is my I-140 detail:
Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC
-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.
It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:
1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.
I really appericiate your response and help. Thanks a lot.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:
------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):
x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.
The following document may be provided.
Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.
---------------------------------
Here below is my I-140 detail:
Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC
-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.
It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:
1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.
I really appericiate your response and help. Thanks a lot.
girlfriend 2008 Acura MDX Sport Pkg Sport
StarSun
05-03 02:29 PM
I and a bunch of friends want to join the state chapter for Alabama, but I could not find the details. I also searched in the State chapter page:
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
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rani77
10-09 09:29 AM
situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
gccovet
05-22 07:42 AM
in early April..... before FP....
I really hope you get the GC, but I doubt it, just like others here.
LUD in April does not mean anything as tons of people got LUD in April.
Good luck though.
GCCovet
I really hope you get the GC, but I doubt it, just like others here.
LUD in April does not mean anything as tons of people got LUD in April.
Good luck though.
GCCovet
NolaIndian32
04-28 06:13 PM
My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.
pal :)
If entering the country on AP, it is advisable to carry all other documents including the approval notice of the H1b, but do not show the H1b approval notice unless asked for. That is when the IO gets confused and asks for explanations. If entering on AP your status is parolee upon entry to the US.
pal :)
If entering the country on AP, it is advisable to carry all other documents including the approval notice of the H1b, but do not show the H1b approval notice unless asked for. That is when the IO gets confused and asks for explanations. If entering on AP your status is parolee upon entry to the US.
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