karthkc
05-11 02:46 PM
This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
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copsmart
10-09 10:26 AM
I haven't tried visitor/business visa, but I got a transit visa for Germany once with an expired H1B stamping in passport. I got that visa from German Counsulate in Boston, MA.
Hope this helps!
Hope this helps!
lskreddy
07-01 06:17 PM
I think in your second case (cpy B), you can apply for PP. As long as your first app does not impact ability to apply, you should be eligible. Check with your lawyer.
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Alabaman
06-16 09:19 AM
I agree. I have been doing this for a while (sending emails to CNN and Fox News) but with no impact... but with many hands on board I think we would get a better chance.
more...
StarSun
04-12 09:24 AM
Please send in your questions for this week (Thursday, Apr 14th) to ivcoordinator@gmail.com
anilsal
07-07 02:15 PM
We need to post every news article on DIGG and then as many of us as possible, should digg them.
I think it may be possible that because of us digging a lot of the earlier news reports, smaller newspapers are picking up material.
Go IV.
I think it may be possible that because of us digging a lot of the earlier news reports, smaller newspapers are picking up material.
Go IV.
more...
s416504
08-13 02:29 PM
Thanks for Prompt reply.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
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chanduv23
07-05 10:20 PM
Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore
They seem to be a bunch of chaotic confused folks and don't know what they want.
They seem to be a bunch of chaotic confused folks and don't know what they want.
more...
gcdedo
05-25 07:36 PM
Lou Doubbs was telling , One of the controversial thing in Managers Amendment was " Provision for dialogue with Mexico before Building the Fence". source to him was Sen Kyle's office
I would say let them fight over that and our things are sneaked into the final Conference Bill
I would say let them fight over that and our things are sneaked into the final Conference Bill
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GCwaitforever
06-15 09:26 AM
You can send your story to public@nytimes.com. I am typing up mine as we speak. ;)
more...
mach1343
04-29 11:57 PM
Hi,
Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.
No issues I got it in 10 days...tracking you would get emails about the approval.
Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.
No issues I got it in 10 days...tracking you would get emails about the approval.
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rongch60
06-27 12:48 PM
Replacement EAD means replacing lost EAD, and only 1-year EAD will be issued. Most people apply for EAD renewal, which is OK for 2-year EAD.
more...
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meridiani.planum
06-19 03:54 PM
Hi,
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
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surya.kant
06-19 01:16 PM
Hi,
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
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widad2020
08-11 09:21 AM
Pd 5/2006 ; Eb2-I; I-140 Approved NSC
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whattodo21
07-09 03:08 PM
i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.
Could be true...
However, it is better to get a letter that actually relates to our problem instead of a standard letter talking about amnesty
Could be true...
However, it is better to get a letter that actually relates to our problem instead of a standard letter talking about amnesty
more...
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kirupa
01-17 09:22 PM
Added!
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mpillai
05-08 09:40 PM
Many qualified for EB1 need not necessarily be already in EB1.
Possible reasons are:
1. Unawareness at the time of filing (just followed what attorney said).
2. Was not in a hurry for GC, so just followed attorney.
3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
4. The job requirement at that time didn't need an EB1-qualification.
You will be surprised to see how many PhD and MS candidates and researchers are in EB3.
just wondering
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
Possible reasons are:
1. Unawareness at the time of filing (just followed what attorney said).
2. Was not in a hurry for GC, so just followed attorney.
3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
4. The job requirement at that time didn't need an EB1-qualification.
You will be surprised to see how many PhD and MS candidates and researchers are in EB3.
just wondering
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
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gc_check
10-17 01:22 PM
Hi All,
I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.
I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.
Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?
These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...
rangeela....
Not sure if you can prepone. Call the customer service and check if they can schedule sooner. I think, given the July fiasco/rush, they schedule based on the availabilty of appointment in local office.
Also can you please share you reciept date/notice date and when you received your FP appointment. Was your case directly sent to TSC or got trasnferred to TSC from other center.
I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.
I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.
Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?
These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...
rangeela....
Not sure if you can prepone. Call the customer service and check if they can schedule sooner. I think, given the July fiasco/rush, they schedule based on the availabilty of appointment in local office.
Also can you please share you reciept date/notice date and when you received your FP appointment. Was your case directly sent to TSC or got trasnferred to TSC from other center.
perm2gc
06-16 09:29 PM
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
What will be my status till Oct 1st from the day my H1 is approved?
You H1 will aproved from oct 1st only.until that time you will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
You attorney might have applied while applying your H!.Contact your attorney.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
You can apply and don't expect that your EAD will come before H1.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
I20.can you explain in detail
Please help me out.
Thanks
Please talk to your attorney.My views are personal.
What will be my status till Oct 1st from the day my H1 is approved?
You H1 will aproved from oct 1st only.until that time you will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
You attorney might have applied while applying your H!.Contact your attorney.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
You can apply and don't expect that your EAD will come before H1.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
I20.can you explain in detail
Please help me out.
Thanks
Please talk to your attorney.My views are personal.
lskreddy
12-11 02:24 PM
Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES