perm2gc
09-01 09:49 AM
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
It is always good to wait until you get the Receipt Notice..You never know what will happen..Dont take Chances with USCIS..
Please reply its kind of urgent for me.
Thanks.
It is always good to wait until you get the Receipt Notice..You never know what will happen..Dont take Chances with USCIS..
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fatjoe
10-24 02:20 PM
I was told that, if we do not see any activity for 90 days, then we can contact USCIS to raise a Service Request.
eb3India
04-09 03:58 PM
Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
No, so don`t worry...nothing will happen.
well they tried it did'nt happen because of Republican controled house, we now have Democratic controled house who favor more towards CIR, I think Bush working with Republican senators to get approval for his bill
atleast this is the only issue where president and democrats come close to agreeing on,
Question, does Democrats puts politics ahead by not giving credit to Bush for resolving immigration is the real issue
I do see more chances this year ofcourse this will be do or die situation for many immigration hopefuls
No, so don`t worry...nothing will happen.
well they tried it did'nt happen because of Republican controled house, we now have Democratic controled house who favor more towards CIR, I think Bush working with Republican senators to get approval for his bill
atleast this is the only issue where president and democrats come close to agreeing on,
Question, does Democrats puts politics ahead by not giving credit to Bush for resolving immigration is the real issue
I do see more chances this year ofcourse this will be do or die situation for many immigration hopefuls
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go_guy123
05-22 02:37 PM
Thanks for your Reply.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
more...
jq45
06-15 10:11 AM
Medical Examination I-693 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
I'm a confused by that. So 9/16/05 is the revision date, and both the new form that expires 5/31/08 as well as the current one that expires 06/30/07 have that says revision 9/16/05. So it looks like it's the identical form except for the expiry date and OMB number.
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
I'm a confused by that. So 9/16/05 is the revision date, and both the new form that expires 5/31/08 as well as the current one that expires 06/30/07 have that says revision 9/16/05. So it looks like it's the identical form except for the expiry date and OMB number.
JunRN
12-18 04:37 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
more...
guidance
02-25 11:46 AM
I am in same boat.
I have asked my attorney and she said, they will be going for COS from H1B to H4 and will produce leave of absence from OCT1, 2008 till date(no pay-stubs) and H4 will be based on my husbands H1b status and will produce his paystub and not mone.
Does it look right option?
I have asked my attorney and she said, they will be going for COS from H1B to H4 and will produce leave of absence from OCT1, 2008 till date(no pay-stubs) and H4 will be based on my husbands H1b status and will produce his paystub and not mone.
Does it look right option?
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mhtanim
03-18 12:13 AM
Hi lavanyamohan and mhtahim,
Many of my friends utilized Mr.Gowda for H1B and GC. All my friends & hundreds in the same firm got GC'S without any querries.
Frankly speaking I do not have any personal relations with the company.
I used his services and felt exactly what mhtahim mentioned about Gowda. He is reasonable and professional.
All the best
Appreciate your feedback. Thank you.
Many of my friends utilized Mr.Gowda for H1B and GC. All my friends & hundreds in the same firm got GC'S without any querries.
Frankly speaking I do not have any personal relations with the company.
I used his services and felt exactly what mhtahim mentioned about Gowda. He is reasonable and professional.
All the best
Appreciate your feedback. Thank you.
more...
bah9422
10-17 08:20 PM
you can expedite your AP by submitting proof of emergency situation like if someone is critically sick back in india.call USCIS and they will give you fax#.you will need to fax doctors letter and copy of AP receipt notice.it takes around 10 days for approval.
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krishnam70
11-20 04:26 PM
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
more...
paulkurni
06-17 05:37 PM
Dude,
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
If it has been discussed many times then I regret to see we haven't achieved much out of this. But I believe persistence is the key to be successful in any cause.
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
If it has been discussed many times then I regret to see we haven't achieved much out of this. But I believe persistence is the key to be successful in any cause.
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add78
03-19 01:33 PM
Hello Everyone;
I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;
When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.
So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.
I understand your frustration, however, legally you do not have a case against the Closing Company. If they had sent it to a completely different address, it was another story. Since your driver's license showed your old address, the court will not find them at fault. Check your contract to see if there is any provision that states the mailing method of such important documents. Usually it should require signature upon delivery if not return receipt, but if nothing is mentioned in the contract, unfortunately you do not have a case.
I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;
When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.
So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.
I understand your frustration, however, legally you do not have a case against the Closing Company. If they had sent it to a completely different address, it was another story. Since your driver's license showed your old address, the court will not find them at fault. Check your contract to see if there is any provision that states the mailing method of such important documents. Usually it should require signature upon delivery if not return receipt, but if nothing is mentioned in the contract, unfortunately you do not have a case.
more...
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MerciesOfInjustices
03-08 09:35 PM
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
There is no posted transcript yet on the Website - how did it go?
There is no posted transcript yet on the Website - how did it go?
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sac-r-ten
01-11 08:57 PM
If issue arises with I485 while i EAD, that would a big headache of replying RFE or opening MTR etc in timely fashion. EAD/AP stand cancelled if 485 is denied.
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tabletpc
11-20 01:59 PM
RK, Just HDFC is fine..!!!
Also in my appointment letter the state of residense says "Tamil Nadu"...but I am from Karnataka. Nowhere in the form I did not mentioned anything about tamil nadu except that I requested the interview to be in Chennai...as that is where I need to go for stamping.
is this fine or should the state of residence be Karnataka...???
Thanks
Also in my appointment letter the state of residense says "Tamil Nadu"...but I am from Karnataka. Nowhere in the form I did not mentioned anything about tamil nadu except that I requested the interview to be in Chennai...as that is where I need to go for stamping.
is this fine or should the state of residence be Karnataka...???
Thanks
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sankap
07-20 03:25 PM
Thanks!
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desi3933
04-06 03:11 PM
You can see many denials for 3 year degree people in various forums including IV.
I have one copy of the denial of my friend in hand. (AAO appeal in progress) It is 3+1+2=6, still they denied for EB2.
.....
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
I have one copy of the denial of my friend in hand. (AAO appeal in progress) It is 3+1+2=6, still they denied for EB2.
.....
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
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watzgc
02-12 07:44 PM
Thanks lazycis for ur time to reply. is it must to fill I-9 form again to use with EAD even for the same employer. My attorney says continue as it is. mm.. confusing..
Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
Thanks lot again.
Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
Thanks lot again.
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backtoschool
01-10 06:30 AM
Friends,
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
Lasantha
05-04 12:35 PM
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
In my non PP case, they took exactly 60 days as they said they would.
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
In my non PP case, they took exactly 60 days as they said they would.
karthkc
05-11 02:46 PM
This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
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