resident1374
01-29 10:54 AM
Thank you for your reply!
My H1B is with the same employer for whom I have been authorized to work. I have never changed employers - have been with the same employer since 2002. My current H1B is valid till May 2011.
Well, hopefully my AOS will be approved.
Can you please tell how long should I wait before contacting USCIS (Infopass) with regards to the status of my case? 30 days? 45 days?
In case this get denied - should I refile or appeal? The IO had told me that I can re-file if it gets denied due to abandonment. Will re-filing create any problems?
Again, thanks a lot for taking time and replying to my earlier question!
Thomson
My H1B is with the same employer for whom I have been authorized to work. I have never changed employers - have been with the same employer since 2002. My current H1B is valid till May 2011.
Well, hopefully my AOS will be approved.
Can you please tell how long should I wait before contacting USCIS (Infopass) with regards to the status of my case? 30 days? 45 days?
In case this get denied - should I refile or appeal? The IO had told me that I can re-file if it gets denied due to abandonment. Will re-filing create any problems?
Again, thanks a lot for taking time and replying to my earlier question!
Thomson
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snathan
08-26 12:13 PM
Hi Vikramy - Do you know of any particular reasons for these transfer denials? Also what could have been the reason in your case? Please explain if you have examples for the company starting with cognXXXXX, I just put my transfer papers in to join them.... :confused:
God Bless you...dont join them till you get the approval.
God Bless you...dont join them till you get the approval.
same_old_guy
04-13 05:43 PM
If it had 485 filing provision in it it would been wonderful. Shall we start sending email or call to Senator Chuck Hagel (R-NE) ?? What is IV's take on this ?
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EndlessWait
12-17 05:14 PM
it sounds they've hired x-immigrants , not US born citizens. it seems the very ppl who have immigrated our not interested in giving us green cards . how ironical?
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amar123
07-28 04:25 PM
Geez, how hard can it be!!
Read the lines.
Prereqs:
1. I-485 applied for EB-2 India
2. PD after Jun 1st 2006 (i.e. ,PD is not current)
3. There was an LUD on 07/27
Only then, reply to the thread!!
SunnySurya with date after PD Jun 1st 2006 replied yes, which means this update has nothing to do with the PD being current.
Read the lines.
Prereqs:
1. I-485 applied for EB-2 India
2. PD after Jun 1st 2006 (i.e. ,PD is not current)
3. There was an LUD on 07/27
Only then, reply to the thread!!
SunnySurya with date after PD Jun 1st 2006 replied yes, which means this update has nothing to do with the PD being current.
rajpatelemail
02-12 12:37 PM
If you are running out of time to save Candian PR under 3 years out of country stay rule, then only we have to think this canda stay.
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
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cnachu2
02-04 01:15 PM
Yes i did. It was the same way for my dad when i was on H-1B.
I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.
He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.
I hope this helps.
GO IV GO. TOGETHER WE CAN.
Hi,
I am also planning to send papers for my father. now i am on AOS with I485, i changed the employer, but didn't file AC21. will it be an issue if i send papers to my father without filing AC21? You says you used AC21, that means did you file AC21?
Thanks,
Chandra.
I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.
He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.
I hope this helps.
GO IV GO. TOGETHER WE CAN.
Hi,
I am also planning to send papers for my father. now i am on AOS with I485, i changed the employer, but didn't file AC21. will it be an issue if i send papers to my father without filing AC21? You says you used AC21, that means did you file AC21?
Thanks,
Chandra.
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raysaikat
04-20 10:54 AM
Dealsnet thank you for your input,
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
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saisravan
07-23 07:45 AM
Hi
Am in the same situation with my employer
He is doing a direct deposit on to my account and not sharing the paystubs and everytime when i follow up him with paystubs he is saying all cock&bull stories saying that HR is busy with other stuff and cannot do it at this point.
Its been 3 months he is delaying this.
Previoulsy I was receiving my paystbs regularly and all it started is after my H1 renewal and am need to change my employer now and other company is asking for the latest 3 months paystubs for the H1 transfer.
and my employr is thretening for the original H1 B doc and he says that he needs it for companys reference.
Please let me know whome to contact and how to contact and how to get this things done in gettign my paystubs.
Am in the same situation with my employer
He is doing a direct deposit on to my account and not sharing the paystubs and everytime when i follow up him with paystubs he is saying all cock&bull stories saying that HR is busy with other stuff and cannot do it at this point.
Its been 3 months he is delaying this.
Previoulsy I was receiving my paystbs regularly and all it started is after my H1 renewal and am need to change my employer now and other company is asking for the latest 3 months paystubs for the H1 transfer.
and my employr is thretening for the original H1 B doc and he says that he needs it for companys reference.
Please let me know whome to contact and how to contact and how to get this things done in gettign my paystubs.
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Lasantha
07-05 01:11 PM
I guess you mistook my statement... what I said was, where did they get enough EB2-ROW to approve and so fast that they used up all the visas earmarked for EB2-ROW... Its unavailability now that will cause a backlog and thus retorgression after october...
in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...
my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...
yes, I never looked at it that way.
in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...
my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...
yes, I never looked at it that way.
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mdipi
11-16 03:15 PM
thanks, i didnt know we could use pics...
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InLineOnLine
03-10 08:38 PM
Thanks for your response. She has some time spent on vacation. I will talk to the employer to see if they can help us out in this matter.
Regards.
Regards.
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rockstart
06-03 03:28 PM
I changed address twice since filing my I 485. Both times I e-filed the AR 11 form for myself and my spouse. Also added the I 485 case numbers to it. Both times I received a receipt from USCIS. Also I saw a soft LUD on my application. I did not call any one in USCIS to verify but I have sent copies of the receipt to my lawyer for his records.
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ss1026
04-10 04:31 PM
I am currently in Minnesota and would be glad to help
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krishna_brc
06-17 02:56 PM
Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)
Hi GCCOVET,
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
Hi GCCOVET,
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
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transpass
02-19 05:44 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
more...
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Adam
08-19 11:01 PM
I agree about the mouth thing...It's hard to not make it look like a stupid smirk or snowman nose :lol:
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prem_goel
07-20 09:30 PM
Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.
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fcres
08-10 01:25 PM
Did any one get an RFE to prove educational qualifications for EB3.
I did. And i think its because my lawyer didn't include my degree evaluation. Once we sent that i got approval immediately.
I did. And i think its because my lawyer didn't include my degree evaluation. Once we sent that i got approval immediately.
kondur_007
10-16 04:29 PM
Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
You are welcome.
If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".
Good Luck.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
You are welcome.
If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".
Good Luck.
AGC4ME
01-12 07:05 PM
Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.
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