paragpujara
04-05 08:11 AM
Guys,
Please reply. It's urgent. I have to accept or reject the full time offer in couple of days.
Your help will be really appreicated.
Please reply. It's urgent. I have to accept or reject the full time offer in couple of days.
Your help will be really appreicated.
kaisersose
12-07 12:19 PM
Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
I have my EAD for a rainy day.
In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.
The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.
Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
I have my EAD for a rainy day.
In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.
The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.
Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.
nk2006
07-05 12:58 PM
possible reasons
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
raysaikat
07-30 07:18 PM
I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
You cannot file I-485 unless you are physically present in the US. You can request a consular processing; i.e., for getting the green card when your PD is current, you will have to be in your home country where the IO in the US consulate will interview you (just like H1-B interview) and make a decision regarding whether to give you green card or not. Applying for CP or anything else connected to GC will not make you eligible to enter US. You must have a visa (or green card) for that.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
You cannot file I-485 unless you are physically present in the US. You can request a consular processing; i.e., for getting the green card when your PD is current, you will have to be in your home country where the IO in the US consulate will interview you (just like H1-B interview) and make a decision regarding whether to give you green card or not. Applying for CP or anything else connected to GC will not make you eligible to enter US. You must have a visa (or green card) for that.
more...
pbuckeye
06-25 02:45 PM
If you can get the email from the client mentioning that they can't give a letter, then I feel that could be enough reason for MTR (but check with an attorney). Have you explored about filing again in premium with new or more documents (see below)?
Could you confirm if you already submitted:
1. MSA/SOW/PO (all or any of these). Does the SOW/PO have your name on it?
2. Contact info of your supervisor at client site. I think this is very important.
Was the denial solely based on the client letter?
Could you confirm if you already submitted:
1. MSA/SOW/PO (all or any of these). Does the SOW/PO have your name on it?
2. Contact info of your supervisor at client site. I think this is very important.
Was the denial solely based on the client letter?
xu1
09-12 07:08 PM
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
more...
ravi98
03-18 10:45 AM
3 days of active work or countless years of waiting....
you have vacation time, use it to get your green card faster.....
you have money, donate to the advocacy fund, or sponsor a friend.....
you are curious, but not sure what to do, decide now - time is running out.......
you have no idea what the advocacy is all about, ask a question here.....
Work to get the change you want instead of reacting to adverse immigration laws that affect you.....
Be pro-active rather than re-active.
you have vacation time, use it to get your green card faster.....
you have money, donate to the advocacy fund, or sponsor a friend.....
you are curious, but not sure what to do, decide now - time is running out.......
you have no idea what the advocacy is all about, ask a question here.....
Work to get the change you want instead of reacting to adverse immigration laws that affect you.....
Be pro-active rather than re-active.
amsgc
03-31 03:05 PM
Thank you for sharing your experience.
I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.
Perhaps there are others who can throw some light here.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.
Perhaps there are others who can throw some light here.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
more...
neelu
07-09 12:33 PM
I dont think the exam results "expire". My guess is that they misplaced your wife's results/paperwork or something like that.
Another explanation is that they wanted confirmation of your wife's results.
These days Medical RFEs are very common. No one really knows why they ask these sometimes.
But get another medical checkup done and send it in, and you should be good.
Good Luck.
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
Another explanation is that they wanted confirmation of your wife's results.
These days Medical RFEs are very common. No one really knows why they ask these sometimes.
But get another medical checkup done and send it in, and you should be good.
Good Luck.
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
mchundi
07-28 10:17 AM
Thanks for the reply Mchundi, however, if i CHANGE the job does the rule for a 3 year H1B STILL apply? I mean how does the 3 year thing apply to me? I only have a little over 1 year on this current H1 (out of SIX years).
h1b-tristate,
All this was discussed a few times in this thread and other threads as well.
http://immigrationvoice.org/forum/showthread.php?t=1216
--MC
h1b-tristate,
All this was discussed a few times in this thread and other threads as well.
http://immigrationvoice.org/forum/showthread.php?t=1216
--MC
more...
mysticblue
08-17 02:49 AM
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
Thank you so much. Your advice is highly appreciated.
Thank you so much. Your advice is highly appreciated.
yagw
09-26 07:27 PM
This is disheartening...
Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).
That said, don't wait for USCIS. Be proactive and do all you can. I would suggest
1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
2. Open an SR.
3. Do the above for your dependents if any.
4. Make infopass (you have already done this).
5. Contact local congress man/woman.
6. Send mail to CIS Ombudsman
7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.
(more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)
Good luck.
Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).
That said, don't wait for USCIS. Be proactive and do all you can. I would suggest
1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
2. Open an SR.
3. Do the above for your dependents if any.
4. Make infopass (you have already done this).
5. Contact local congress man/woman.
6. Send mail to CIS Ombudsman
7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.
(more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)
Good luck.
more...
ak_manu
10-24 11:40 AM
Hello,
I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -
If baby has to travel to india, do i need PIO or OCI?
What is difference b/w two?
Can i simultanesously apply for PIO/OCI along with US passport?
What documents would I need to apply PIO/OCI along and US passport?
How long does everything take?
Thanks,
ak_manu
I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -
If baby has to travel to india, do i need PIO or OCI?
What is difference b/w two?
Can i simultanesously apply for PIO/OCI along with US passport?
What documents would I need to apply PIO/OCI along and US passport?
How long does everything take?
Thanks,
ak_manu
skumar9
04-13 11:07 AM
My date is also not Current(Eb3 2006 ) got RFE today requesting The TB test. Think they opened the case and working. :)
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miguy
04-18 08:37 AM
Are companies hiring people on H1b for permanent jobs? I seem to have a tough time finding companies that sponsor H1b. I thought the Big 5 Consulting firms did not sponsor H1b or GC? But, it seems from this post that I was wrong. Can someone tell me what companies (Fortune 500) companies sponsor H1b/GC or is there a list I can get from somewhere.
thanks,
thanks,
mugwump
03-13 10:17 AM
I apologize in advance if people think my post is inappropriate for this thread, but I couldn�t find the older thread I was looking for.
I was wondering what happened with the discussion about the potential impacts of Canadian Immigration on US GC process. I had read before that UCSIC might consider it as an abandonment of the 485 application.
I had applied for canadian immig as a back up and got a medical request form from Canadian Consul. I am planning to go ahead with it. Was hoping to find out if people have been landing in Canada in this post 485 filing world??
Responses will be appreciated.
I was wondering what happened with the discussion about the potential impacts of Canadian Immigration on US GC process. I had read before that UCSIC might consider it as an abandonment of the 485 application.
I had applied for canadian immig as a back up and got a medical request form from Canadian Consul. I am planning to go ahead with it. Was hoping to find out if people have been landing in Canada in this post 485 filing world??
Responses will be appreciated.
more...
kak1978
10-24 10:39 AM
My mother-in-law had a two way ticket but she was not carrying the e-ticket paper for return ticket, and for that they made her wait 2 hours to verify with the airline that she had a return ticket. So it is VERY Important to have a return ticket, if the visa status is B2 visitor.
Someone gave me a red dot for this post. Why?? Now folks think twice before trying to help someone on this forum, you might get a negative reputation.
Someone gave me a red dot for this post. Why?? Now folks think twice before trying to help someone on this forum, you might get a negative reputation.
green_card_curious
03-08 01:04 PM
Thanks Hopefulgc. What is AFAIK?
Chicago Desi
03-31 11:16 AM
Im on my 8th year on H1. still stuck in Labor :(
My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!
If after getting promotion your duties change dramatically, say from a programmer you get promoted to manager then you need a new H1. Otherwise, its only the gradual change then every thing is OK. For example, from progammer you are promoted to sr. developer :)
My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!
If after getting promotion your duties change dramatically, say from a programmer you get promoted to manager then you need a new H1. Otherwise, its only the gradual change then every thing is OK. For example, from progammer you are promoted to sr. developer :)
gcdeal
07-10 07:57 PM
Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
She is a total B**** . You cannot even ask her a question!
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
She is a total B**** . You cannot even ask her a question!
nmdial
11-23 08:59 AM
My sister was denied a visitor's visa in the summer of this year at Delhi:
1. She was told that they have a policy of denying visas to young unmarried women who are student.
2. She is currently a PhD student in India.
3. They did not ask any more question.
1. She was told that they have a policy of denying visas to young unmarried women who are student.
2. She is currently a PhD student in India.
3. They did not ask any more question.
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