immi2006
11-27 11:08 PM
Folks,
My strong advice is stay on H1 always. EAD is like a piece of gold plated card. There are many risks associated with it, for example if u r renewal is not done on time, you are nailed, u cannot collect pay, or else it is considered against the law. I am not trying to scare anyone, this is the ground reality.
My strong advice is stay on H1 always. EAD is like a piece of gold plated card. There are many risks associated with it, for example if u r renewal is not done on time, you are nailed, u cannot collect pay, or else it is considered against the law. I am not trying to scare anyone, this is the ground reality.
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chanduv23
05-27 11:50 AM
I would like to share my I485 experience.
1.Brief History and Denial reason.
Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.
it was denied due to clear error.
2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.
Wrote letter seeking help of senator explaining situation.
Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.
Did finger printing in May.
Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.
I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.
.
Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.
1.Brief History and Denial reason.
Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.
it was denied due to clear error.
2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.
Wrote letter seeking help of senator explaining situation.
Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.
Did finger printing in May.
Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.
I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.
.
Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.
jonty_11
07-23 11:55 AM
CA is expensive...I am sure more than PA...but the decision is yours man...However, I do not think this is the right forum for such questions. If you have issues with GC retrogression then fire away.
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dontcareanymore
08-24 11:50 AM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).
I did not check your PD. You will get your day....stay calm.
At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.
Based on the facts you gave :
1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.
What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).
I did not check your PD. You will get your day....stay calm.
At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.
Based on the facts you gave :
1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.
What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....
more...
laksmi
02-08 10:23 AM
How much is the renal fee for EAD any idea is it $340 (like a new application or �..) please let us know.
a1b2c3
07-10 07:26 PM
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
I'm pretty sure it will. Hope you get your card soon. I got already my card but I still get tensed up when the visa bulletin is out :D. And I still haven't stopped visiting IV. I still get the retrogression night mares :-)
The writing is on the wall, as far as I see it.
When you put in sufficient years of work ex on EB3-I, change your job to the one requiring EB2 qualifications (if you have US masters it makes it even easier to justify EB2 ) and your PD will get carried forward, unchanged, to EB2 without issues.
Most EB3-I seniors (PD upto 03) would have already gotten to senior positions with the same employer, so the original job app for the EB3 labor would have been null and void in any case ;)
Going by the past trend, EB2-I PD will continue its onward march next fiscal year.
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
I'm pretty sure it will. Hope you get your card soon. I got already my card but I still get tensed up when the visa bulletin is out :D. And I still haven't stopped visiting IV. I still get the retrogression night mares :-)
The writing is on the wall, as far as I see it.
When you put in sufficient years of work ex on EB3-I, change your job to the one requiring EB2 qualifications (if you have US masters it makes it even easier to justify EB2 ) and your PD will get carried forward, unchanged, to EB2 without issues.
Most EB3-I seniors (PD upto 03) would have already gotten to senior positions with the same employer, so the original job app for the EB3 labor would have been null and void in any case ;)
Going by the past trend, EB2-I PD will continue its onward march next fiscal year.
more...
newlife2
09-19 10:18 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
2010 Feb 27 2008, 01:13 PM
walking_dude
11-21 11:33 AM
You are probably refering to Cubans in Cuba and their leader Castro.
I'm refering to Cubans in Florida who are a solid 'vote bank' for Republican Party. They have even become Senators and Congressman, without sacrificing their Cuban heritage.
No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???).
I'm refering to Cubans in Florida who are a solid 'vote bank' for Republican Party. They have even become Senators and Congressman, without sacrificing their Cuban heritage.
No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???).
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bbct
02-01 03:13 PM
Thanks for each on every one of you!
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
Could you please share the city and apartment complex name so other people are aware and would be careful in moving?
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
Could you please share the city and apartment complex name so other people are aware and would be careful in moving?
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p_kumar
07-16 10:08 AM
If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad: wait a minute! i dont have a house....
Thats right.i dont have a house, i dont have a life coz i wa waiting for this damn green card...
my PD Oct 2003, EB3
I-140 approved like years ago(Atleast seems to me.)
Thats right.i dont have a house, i dont have a life coz i wa waiting for this damn green card...
my PD Oct 2003, EB3
I-140 approved like years ago(Atleast seems to me.)
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LostInGCProcess
11-10 11:47 AM
Dear Friends/Experts,
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
Please clarify: First H1 was from Dec 2007 and second H1 is from June 2007??? I hope it was a typo.
Ans1) You do not need to get get a *NEW* H1B visa stamped at a consulate abroad. At the POE you have to show the latest H1B to the IO who would issue the I94 based on the exp date on the new H1.
Ans2) Again same answer. You don't need to get a new visa stamped every time you change a company and would travel abroad. You need to get the visa stamped, only if it is expiring within 6 months.
Enjoy your trip and congratulation on your engagement!!
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
Please clarify: First H1 was from Dec 2007 and second H1 is from June 2007??? I hope it was a typo.
Ans1) You do not need to get get a *NEW* H1B visa stamped at a consulate abroad. At the POE you have to show the latest H1B to the IO who would issue the I94 based on the exp date on the new H1.
Ans2) Again same answer. You don't need to get a new visa stamped every time you change a company and would travel abroad. You need to get the visa stamped, only if it is expiring within 6 months.
Enjoy your trip and congratulation on your engagement!!
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mermaid2084
11-21 05:51 PM
Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.
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tnite
06-18 11:59 AM
Hi Guys:
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
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ras
04-03 01:22 AM
there is usually a respond by date on the RFE. In my case it was slightly beyond 12 weeks....
I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008
I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008
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snathan
05-19 09:10 PM
Dude snathan,
I am not responding to you for this response, I have seen your responses before.
You definetly need to consider taking this How to Communicate with Diplomacy, Tact and Credibility (http://www.amanet.org/training/seminars/How-to-Communicate-with-Diplomacy-Tact-and-Credibility.aspx)
Take it easy buddy, trying to help you....
Thanks for the link...Btw are you taking the same class...:)
I am not responding to you for this response, I have seen your responses before.
You definetly need to consider taking this How to Communicate with Diplomacy, Tact and Credibility (http://www.amanet.org/training/seminars/How-to-Communicate-with-Diplomacy-Tact-and-Credibility.aspx)
Take it easy buddy, trying to help you....
Thanks for the link...Btw are you taking the same class...:)
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iheartindia79
05-14 03:40 AM
I am e-filing for EAD renewal.
Are the following options correct for :
1. Manner of Last Entry into the U.S.: "DA:ADVANCE PAROLE (DISTRICT AUTH)"
Same for
2. Current Immigration Status:"DA:ADVANCE PAROLE (DISTRICT AUTH)"
and for Eligibility Status: "(c)(9) Filed I-485"
Please someone who filed EAD renewal.
Are the following options correct for :
1. Manner of Last Entry into the U.S.: "DA:ADVANCE PAROLE (DISTRICT AUTH)"
Same for
2. Current Immigration Status:"DA:ADVANCE PAROLE (DISTRICT AUTH)"
and for Eligibility Status: "(c)(9) Filed I-485"
Please someone who filed EAD renewal.
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immi_enthu
08-28 11:28 AM
According to the legal assistant:
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
Thanks bond65
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
Thanks bond65
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MannyD
10-25 01:19 PM
should be valid preferably until you get your new I140 approved.
Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?
And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?
Thanks!
Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?
And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?
Thanks!
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seahawks
09-11 01:01 AM
We have more members join WA State chapter, welcome aboard. We need more. Calling all of WA/OR to join our local WA state chapter. Do you want to make a difference? This is your chance!
Please follow link below.
Please follow link below.
keiryu
08-20 04:07 PM
When did you apply the switch from EB3 to EB2? Did you have to go through the entire process of PERM all over again? How long did it take? I'm considering this also.
pappu
07-16 09:30 PM
Please try to create threads with descriptive titles and not 'Need advice - Urgent '
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