deecha
07-16 03:07 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
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vin13
12-08 04:56 PM
Hi!
I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)
I am leaving many opportunities just to be with my sponsor for this six months!
Please guide.
Thanks,
Raj
The lawyers usually advise you to stay with the company for 6 months if you can. In your case, the employer is not willing to pay. So do you really have a choice here?
It may be easier to convince the officer that you moved on to another job (maybe similar kind) rather than having a situation where the sponsoring employer was not willing to pay.
When you are trying to make such important decisions, do not just rely on responses from blogs/forum. Consult a immigration lawyer for a few hundred dollars.
I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)
I am leaving many opportunities just to be with my sponsor for this six months!
Please guide.
Thanks,
Raj
The lawyers usually advise you to stay with the company for 6 months if you can. In your case, the employer is not willing to pay. So do you really have a choice here?
It may be easier to convince the officer that you moved on to another job (maybe similar kind) rather than having a situation where the sponsoring employer was not willing to pay.
When you are trying to make such important decisions, do not just rely on responses from blogs/forum. Consult a immigration lawyer for a few hundred dollars.
bastati
09-05 03:37 PM
Today i and my spouse received RFE for 485 (email) . The reasons are yet to know.
Please let me know if you know these points....
Does Visa number will assign for my case?
if NOV bulliten is not current , will NSC still process my application or i got to go back to the Q ?
Please let me know if you know these points....
Does Visa number will assign for my case?
if NOV bulliten is not current , will NSC still process my application or i got to go back to the Q ?
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thomachan72
03-28 03:05 PM
Durbin (father of Dream Act) hates us. He loves to grand stand for "children of undocumented" "the down torn, the poor, the under privileged" and thinks we are like spoilt rich kid. This is a good thought, but who will bell the cat? Durbin is totally irrational when it comes to children of legal and undocumented. Not sure that you know this, but just thought of laying the facts as they are..
I understand what you want to convey. However, let us imagine a situation;
1) a senator / representative introduces an amendment saying "children of legal immigrants who are stuck in the backlogg of visa applicants and have abided by the rules that apply to those mentioned for children of ilegal immigrants, should be given precedence when allotting the required green cards". This is because these kids also "have been in this land for long, know of no other land other than this, have abided by rules and also in most cases are the best performing in the schools/colleges. they will serve particularly to raise the standard of education in the US on the long run".
I cant imagine how they can deny this amendment if at all tha majority wishes to pass the Dream act. This way atleast we can help the kids of our friends who have kids and are waiting for ever in line.
I would like to hear what IV seniors have to say about this. if they consider that we will esentially be linking us to the ilegals by doing this, I would say; There is no way that there is going to be any help comming (legally) for us regarding reduction of backlogg, so why not atleast get the future generation a slight push and we can still continue to wait for our turn.
I understand what you want to convey. However, let us imagine a situation;
1) a senator / representative introduces an amendment saying "children of legal immigrants who are stuck in the backlogg of visa applicants and have abided by the rules that apply to those mentioned for children of ilegal immigrants, should be given precedence when allotting the required green cards". This is because these kids also "have been in this land for long, know of no other land other than this, have abided by rules and also in most cases are the best performing in the schools/colleges. they will serve particularly to raise the standard of education in the US on the long run".
I cant imagine how they can deny this amendment if at all tha majority wishes to pass the Dream act. This way atleast we can help the kids of our friends who have kids and are waiting for ever in line.
I would like to hear what IV seniors have to say about this. if they consider that we will esentially be linking us to the ilegals by doing this, I would say; There is no way that there is going to be any help comming (legally) for us regarding reduction of backlogg, so why not atleast get the future generation a slight push and we can still continue to wait for our turn.
more...
snathan
03-23 08:04 PM
Hello,
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?
dce.deepak
06-22 12:32 PM
My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
more...
sanju_dba
01-07 02:17 PM
i see the estimate tool is showing
max weekly is $415
max benifits is $10k
I thought it was like 1/2 of your salary.
max weekly is $415
max benifits is $10k
I thought it was like 1/2 of your salary.
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texcan
09-25 02:06 PM
How do I see or get LUD for I140 ? Mine was approved in DEC, 2006. Applied 485 in August 2nd week. Will I also get LUD?
sign up on uscis.gov, add you case number to profile, and you can see LUD (its one of the columns)
HTH
sign up on uscis.gov, add you case number to profile, and you can see LUD (its one of the columns)
HTH
more...
kishdam
11-06 03:32 PM
All Guru's
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
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vin13
12-08 05:00 PM
Just out of curiosity how is it that you got an approval in Sep 09 with your priority date?
more...
snathan
05-20 12:28 PM
Was your question
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?
Guys
Lets complete her questions with various possible choices and help her. Happy Friday. :D
May be the husband....
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?
Guys
Lets complete her questions with various possible choices and help her. Happy Friday. :D
May be the husband....
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gc4arun
08-22 02:12 PM
Yes, am close.. Nov 17, 2003 Eb2 and waiting for sept 1st :) Had an interview last month
more...
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andhrawala
08-23 09:20 PM
Hi overseas,
Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.
At least, we can say that we followed the uscis instructions if we get any query.
Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.
At least, we can say that we followed the uscis instructions if we get any query.
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knowDOL
08-28 10:38 AM
Mention clearly what is indicated in job requirements. If the labor did not allow for BS in any enggg or related engg and just asked for BS in CS your I-140 will be denied for sure. No need to wait for the denial. Why did your attorney filed a labor like that for you knowing you do not have BS in CS.
My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
more...
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bobby
04-19 01:15 PM
Yes, I can file for adj. of status 5/1
PD 5/03 ROW EB3
PD 5/03 ROW EB3
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shawnsteinbarth
February 14th, 2005, 11:14 AM
I just bought a new D70 and was interested in getting some advise from current owners about additional lenses and accessories.
Was looking at buying a SB-800 flash. Is this the best option?
How about additional lenses? I have an 18-70mm AF that came with the camera.
I am looking for other nikkor lenses that are very handy to have, meaning won't sit in the bag most of the time.
Any other advice or help would be much appreciated.
Thanks,
Shawn
Was looking at buying a SB-800 flash. Is this the best option?
How about additional lenses? I have an 18-70mm AF that came with the camera.
I am looking for other nikkor lenses that are very handy to have, meaning won't sit in the bag most of the time.
Any other advice or help would be much appreciated.
Thanks,
Shawn
more...
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ddeka
12-31 10:06 AM
My attorney applied for me. I am not sure what needs to be done if you want to apply yourself. AP will be valid for 1 yr and requires renewal every yr.
Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
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Phogs
08-27 04:19 PM
I went to AZ-DMV showed them my I485 receipt. The representative didn't know about the new ID law that this is enough as a legal document. I need to asked for the supervisor to get my license renewed.
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rrk
03-18 02:15 PM
Yha i got my EAD through Spouse.
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
rrk,
you ned to be more specific about your situation in order for us to give our 2 cents.
1. Did you get EAD thru your spouse...???
2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
rrk,
you ned to be more specific about your situation in order for us to give our 2 cents.
1. Did you get EAD thru your spouse...???
2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.
crazyghoda
01-15 11:19 AM
No one cares how you exit. A lesser known fact is that most Mexicans who are here illegally catch a regular commercial flight when they visit their homes in Mexico.
Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.
Regards,
Ravi
Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.
Regards,
Ravi
tabletpc
08-20 02:30 PM
Thanks a lot for response guys...
Looks like i forgot to mention few of my own contraints...
I do not want to use EAD as i am single and don't want to jeoperdise my spouse visa by loosing my H1b status. So only option for me now is H1b.
My only concern is what if i lose some pay checks and jeoperdise my immigration history. 90% of my frinds who work with consultant are out of job/looking job..etc. All these makes bit pessimistic....!!!!
Looks like i forgot to mention few of my own contraints...
I do not want to use EAD as i am single and don't want to jeoperdise my spouse visa by loosing my H1b status. So only option for me now is H1b.
My only concern is what if i lose some pay checks and jeoperdise my immigration history. 90% of my frinds who work with consultant are out of job/looking job..etc. All these makes bit pessimistic....!!!!
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