Wednesday, June 8, 2011

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  • gcchaahiyey
    04-07 04:14 PM
    My daughter is US citizen...I did not ask my lawyer...

    At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.

    If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).

    My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).

    What did your lawyer say?





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  • nandakumar
    05-15 12:43 PM
    Great job Learning01.

    Media publicity will definitely have a positive impact to our cause.





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  • reverendflash
    10-21 04:05 AM
    graduated high school in 1980, hence the jellybelly reference. Let us not forget Uncle Ronny...He is the reason we have to pay a small fortune for schools in California... :evil: :evil:

    But I digress, I'm a little testy due to the Giants' loss tonite... :evil:

    Rev:elderly:





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  • howzatt
    04-13 01:56 PM
    I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.

    They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.

    If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.

    You are exempt from this year's quota even if your 140 is not approved. I was referring to your wife's H1 possibilities. I think your first priority should be get an employer who can transfer your H1. Alternately, you could request your current H1b sponsor to give you a few more weeks to sort out your situation. It sounds from your tone that F1 for your wife is the last thing you want to consider.

    The IT market is not as bad as it seems(assuming you are in this field). With so many years of experience, I would use all my contacts to find a H1B sponsor. Believe me, there are still some good consulting firms out there. Good luck!



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  • loma
    04-15 10:03 AM
    If your e-file gets rejected, you can send in your retrun electronically, and submit a paper form: Form 8453-OL with your signatures. I did this with TurboTax software.

    This is a substitite for a complete electronic e-file, in that you don;t have to mail the complete return by post, and you can get refund more quickly.

    Thanks
    Amol





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  • wonderlust
    07-18 05:20 PM
    Thank you for sharing your experience! I have been worried...
    Good luck to you.
    W



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  • TamilSelvan
    03-16 12:01 PM
    My wife entered to US with L2 dependent Visa and got SSN# with L2-EAD.Meanwhile we both applied and got H1 by employer A which is valid from OCT 06-SEP 09. Although she has enough experience but her medical condition she never worked and neither has pay-stub/W2. Then both of us never travelled out of US. Meanwhile she went India SEP 08 and stayed 5 months. When I went for vacation I got my H1 stamping and she got H4 stamping at the same time and we are in US. Now she got an offer from employer B and he is willing to do COS H4-H1for her. We checked with Employer A and they haven't revoked her H1b till now.

    Our questions are

    1) Since she doesn't have any paystub/w2, is it possible to do COS?
    2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
    3) How long does it take to complete the COS if done by PP.
    4) How much risk does this case carry/what are the issues she could face?

    Really appreciated your valuable answers

    Thanks in Advance
    TamilSelvan





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  • Bytes4Lunch
    04-09 03:16 PM
    My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
    I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
    I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
    Has anyone withdrawn their H1B visa stamping application before ?
    Appreciate any information on this.



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  • kondur_007
    09-24 01:30 PM
    Hi,

    I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?

    Please let me know. Thanks for your help.

    I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:

    THIS MAY BE A PROBLEM.

    When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).

    I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.

    Good Luck.





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  • qualified_trash
    09-01 11:29 AM
    did not know there was an IV core group fan club :-)



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  • desi3933
    04-06 04:34 PM
    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.

    You should consider getting professional advice from attorney who deals in employment and contact laws in your state.

    Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)


    _________________
    Not a legal advice.





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  • rmi
    10-10 07:43 PM
    July 2 filer. nsc->csc->nsc. No update since receipts on 9/14. No FP.



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  • rajeevkaza
    04-02 04:20 PM
    Hi Chapsi29,

    Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.

    RK





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  • inskrish
    04-18 09:42 PM
    Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.

    Hi,

    Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.



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  • kumhyd2
    05-19 02:12 PM
    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?





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  • raydon
    10-12 10:30 AM
    According to one website http://www.immigration-law.com the USCIS is working on trying to streamline processing I-140 petitions to four months by April 2009. I quote the following from the website
    --------------------------------------------------------
    10/08/2008: I-140 Processing in Four Months by April 2009?

    * This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
    --------------------------------------------------------

    Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications



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  • sam_hoosier
    12-17 01:35 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced

    Yours is a pretty tricky situation, and I doubt that there are many members who have been in similar situations or would have an accurate answer for you. Probably best to talk to an attorney.





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  • anilsal
    08-26 02:40 PM
    I-140 Premium and I-1485 filed concurrently at NSC on June 29th. Received July 2nd. No clue if checks are encashed.

    PD: Nov 2002.
    H1-B 7th year expiring Dec'07;
    8th year extension filed.

    Any one in the same boat?

    Many of the July 17/18th filers at NSC have got their checks cashed. Maybe yours got transferred to a different center.

    Please contribute to IV in either time or money or BOTH.





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  • helmet
    01-09 11:21 AM
    yes you need to get transit visa for France.
    You can get passport extended here in NY the same day.





    austingc
    07-31 11:26 AM
    Hi,

    I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.

    So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?

    This is my second trip on AP.

    Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?

    Adding to this, my PD will be current from Aug-1st :(

    Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
    Sorry to hear about your parents. Hope they are doing ok. It should not be a problem and you can even enter the country on Aug 30, 2010, the day your AP expires. The only question they would ask is 'Are you still working with ABC' (GC sponsership company) and may be some additional questions about your location and the purpose of your trip.

    Since this is your second trip you should know by now what documents you need to carry with you. I travelled twice in this year and carried only my I-485 receipt and AP, thats it. When you enter the country with AOS status they don't really care much about other documents but if you want to carry all the above mentioned documents, it does not hurt.

    If your 485 is approved while you are outside of the country, you will not face any problem since you have a valid AP. Good luck!





    copsmart
    02-10 09:30 PM
    Congrats!

    It�s good have a GC in this very bad economy.

    Erase the H1 worries and enjoy your green.



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