brasil
07-29 08:55 PM
Quoting what reason did the DMV confiscated your driver's license?
Standard procedure and license was about to expire.
This does not apply for address change if the expiration date is long...
Standard procedure and license was about to expire.
This does not apply for address change if the expiration date is long...
dearscorpius
11-27 11:07 PM
Thanks for your reply. Since I won't be working for Company A, so I have to tell them the situation. If Company A is willing to keep my H1B with them active, until Company B gets my H1B approved, you think that will be OK for me?
I am not sure, I can use a H1B transfer, from Company A to Company B, since I never work for Company A, so I do not have a pay check from Company A. Would this be an obstacle for me to transfer my H1B from Company A to B?
I appreciate your help!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
I am not sure, I can use a H1B transfer, from Company A to Company B, since I never work for Company A, so I do not have a pay check from Company A. Would this be an obstacle for me to transfer my H1B from Company A to B?
I appreciate your help!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
PD_Dec2002
07-26 08:40 AM
Yes, it won't be a rejection or a denial either...just a simple RFE. Since both the names on the marriage certificate are different from the applicant (you) and the beneficiary (your wife), USCIS should be able to deduce that it's a mistake.
Thanks,
Jayant
Thanks,
Jayant
sk.aggarwal
07-23 12:46 PM
Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?
more...
stones
06-30 10:14 PM
RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
raysaikat
07-25 10:34 AM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
more...
ragz4u
04-14 08:40 PM
Thanks
uma001
11-04 10:51 PM
Since nobody attempted to answer your question, let me give a try.
The answer depends on what is the EB3-PD ? If someone (like me) had a PD of 2001 , then it would have become current more than a couple of times. Just in the last two years my PD became current thrice (including July Fiasco), and am still waiting for my approval.
But if you are asking how many times did EVERYONE became current, then possibly only once (The July '07 fiasco). I can tell this for sure since 2000. I am not aware of any info before that year.
I heard that once every 5 years every category becomes current. I think in 2000 or 2001, Every category became current, I am not sure.
The answer depends on what is the EB3-PD ? If someone (like me) had a PD of 2001 , then it would have become current more than a couple of times. Just in the last two years my PD became current thrice (including July Fiasco), and am still waiting for my approval.
But if you are asking how many times did EVERYONE became current, then possibly only once (The July '07 fiasco). I can tell this for sure since 2000. I am not aware of any info before that year.
I heard that once every 5 years every category becomes current. I think in 2000 or 2001, Every category became current, I am not sure.
more...
wellwishergc
04-05 08:01 AM
Thank you for starting this thread.
I still feel that we need a separate bill for legal immigration or some amendments to the existing law to ease our plight. Clubbing us together with issues of 'undocumented workers' have two possible outcomes:
1) The bill does not clear at all. If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
2) The bill clears along with the provisions for the 'undocumented workers'. The USCIS is understaffed to handle the rush of applications that will flow in due to the passage of the bill, making the backlogs much more time-consuming than what it is today. Even though there would be enough visa numbers available, the wait times will nullify any mileage that is gained for legal immigration through the bill.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
All,
I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.
We should define ground rules for ourselves which will lead to efficient use of core members time:
1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
2) Keep one long thread without duplication.
3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
6) Never use derogatory remarks, even against proven distractors.
7) Please put forward only genuine concerns clearly to avoid misunderstanding
8) Ignore "whiners", But fully respect people with genuine concern/objection.
9) Please put forward only thoughts relevent to scope of current forum/discussion..
.. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
by not only passionate for our cause , But also professional in our responses.
Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.
I still feel that we need a separate bill for legal immigration or some amendments to the existing law to ease our plight. Clubbing us together with issues of 'undocumented workers' have two possible outcomes:
1) The bill does not clear at all. If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
2) The bill clears along with the provisions for the 'undocumented workers'. The USCIS is understaffed to handle the rush of applications that will flow in due to the passage of the bill, making the backlogs much more time-consuming than what it is today. Even though there would be enough visa numbers available, the wait times will nullify any mileage that is gained for legal immigration through the bill.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
All,
I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.
We should define ground rules for ourselves which will lead to efficient use of core members time:
1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
2) Keep one long thread without duplication.
3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
6) Never use derogatory remarks, even against proven distractors.
7) Please put forward only genuine concerns clearly to avoid misunderstanding
8) Ignore "whiners", But fully respect people with genuine concern/objection.
9) Please put forward only thoughts relevent to scope of current forum/discussion..
.. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
by not only passionate for our cause , But also professional in our responses.
Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.
peer123
07-18 07:36 PM
just bumping it up......
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gcdreamer05
01-05 04:27 PM
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
Oh yeah , talk about that, there were few posts few months ago, that the great uscis had 4-5 diconnected databases and hence they had some project they were planning to centralize their dbs so as to arrive at a number.
Now God only knows how that project is going on (as per schedule), only after that is done can we know the exact number........
Comon USCIS hire some h1b's these guys will work their ass off to finish the project on time....
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
Oh yeah , talk about that, there were few posts few months ago, that the great uscis had 4-5 diconnected databases and hence they had some project they were planning to centralize their dbs so as to arrive at a number.
Now God only knows how that project is going on (as per schedule), only after that is done can we know the exact number........
Comon USCIS hire some h1b's these guys will work their ass off to finish the project on time....
Becks
11-29 02:30 PM
I did not get any email when my AP status was changed to "document mailed". My company sent AP to me so I never got email about the status change.
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GCVictim
07-09 12:47 PM
Dear Mr. ------:
Thank you for contacting me about immigration reform. The need to fix our broken system is clear, and I appreciate having the benefit of your insight on one of the most important issues of our day.
Immigration reform must ultimately be about improving our system for legal immigration, not about creating new benefits for illegal aliens. Although we are a proud nation of immigrants, we are also a nation of laws. If policymakers will agree that all immigrants must abide by the rule of law, then we can reach a consensus on ways to improve the legal process so that it meets the needs of our society, our economy, and our national security.
During the 110th Congress, the Senate considered comprehensive immigration reform legislation (S. 1639). I had serious concerns that the legislation, as drafted, would have repeated the well documented mistakes of the 1986 amnesty bill. Furthermore, Senators were not allowed the full opportunity to offer amendments to this flawed legislation, and as such, I was one of 53 Senators who voted against the cloture motion to bring S. 1639 to a vote.
I have been working throughout my time in the Senate to develop a solution to this problem that I believe will work. I encourage you to visit my website at http://www.cornyn.senate.gov/immigration for more information regarding the immigration reforms I support. As we consider immigration reform proposals in the future, I will continue to promote these policies, but I will oppose any bill that rewards illegal conduct and encourages further disrespect for our laws.
I appreciate the opportunity to represent the interests of Texans in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
JOHN CORNYN
United States Senator
Thank you for contacting me about immigration reform. The need to fix our broken system is clear, and I appreciate having the benefit of your insight on one of the most important issues of our day.
Immigration reform must ultimately be about improving our system for legal immigration, not about creating new benefits for illegal aliens. Although we are a proud nation of immigrants, we are also a nation of laws. If policymakers will agree that all immigrants must abide by the rule of law, then we can reach a consensus on ways to improve the legal process so that it meets the needs of our society, our economy, and our national security.
During the 110th Congress, the Senate considered comprehensive immigration reform legislation (S. 1639). I had serious concerns that the legislation, as drafted, would have repeated the well documented mistakes of the 1986 amnesty bill. Furthermore, Senators were not allowed the full opportunity to offer amendments to this flawed legislation, and as such, I was one of 53 Senators who voted against the cloture motion to bring S. 1639 to a vote.
I have been working throughout my time in the Senate to develop a solution to this problem that I believe will work. I encourage you to visit my website at http://www.cornyn.senate.gov/immigration for more information regarding the immigration reforms I support. As we consider immigration reform proposals in the future, I will continue to promote these policies, but I will oppose any bill that rewards illegal conduct and encourages further disrespect for our laws.
I appreciate the opportunity to represent the interests of Texans in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
JOHN CORNYN
United States Senator
anilsal
12-19 10:41 AM
I think the Sen.Cornyn's staff do not mind when we call. They like people that support their bill. We have to call just to maintain the momentum.
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
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go_getter007
12-20 11:48 AM
You can change your address online or also by calling the USCIS. I did the latter in my case a few months ago. Once the system is updated by a USCIS customer service rep to reflect the new address, you'll get an email notification, if you have that feature activated on the USCIS site/your application portfolio.
Good luck.
GG_007
PS: Not a lawyer, just my personal opinion.
Receipt Number: SRC0XXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice Returned as Undeliverable.
On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..
I have not yet got the FP appointment. Could this be the letter for that or something else serious?
After filing, my address changed.
I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.
Good luck.
GG_007
PS: Not a lawyer, just my personal opinion.
Receipt Number: SRC0XXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice Returned as Undeliverable.
On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..
I have not yet got the FP appointment. Could this be the letter for that or something else serious?
After filing, my address changed.
I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.
desi3933
05-13 06:51 AM
....
Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
.....
It will be helpful if your I-140 is canceled or revoked by your ex-employer. If not, please request ex-employer to do so.
Unless canceled (or revoked) I-140 is valid for lifetime and can be used to file I-485 anytime (as long as permanent job offer is available). By having canceled I-140, it can not be used against you in judging your immigrant intent.
Good Luck.
____________________
Not a legal advice.
Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
.....
It will be helpful if your I-140 is canceled or revoked by your ex-employer. If not, please request ex-employer to do so.
Unless canceled (or revoked) I-140 is valid for lifetime and can be used to file I-485 anytime (as long as permanent job offer is available). By having canceled I-140, it can not be used against you in judging your immigrant intent.
Good Luck.
____________________
Not a legal advice.
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SlowRoasted
04-24 10:32 PM
very cool, i like the first one most, reminds me of the dessert.
CADude
12-17 07:22 PM
It's true.. CA n NY were worst... Anyway PERM removed this state to state business of Labor for new applicants. But ideally any process should not have luck part including USCIS?
So waits continue till I am LUCKY.....
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
So waits continue till I am LUCKY.....
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
panacea
08-09 07:57 PM
anybody? I'm also in similar kind of situation.
LostInGCProcess
02-24 05:33 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
MLS
06-19 12:37 PM
I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
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