chintu25
10-02 07:02 PM
Bump
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EB3_SEP04
07-13 07:37 PM
yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.
karanp25, I am assuming that was meant to be sarcastic.
I changed my job 6 months ago on EAD, my 485 is still pending, i have not yet informed USCIS about it and may or may not do so in future. There is no law/regulation that says we must do so. I believe US law works on common sense rather than word-to-word written in the law books. So in general i want to draw a line for myself as to how much i should be afraid of USCIS. I would rather risk my GC than worrying about the chances of my every little action affecting my GC. But that's just me.
some of my friends keep the engine running for 2 minutes before start driving, i was never convinced this is good for the car. I would rather junk my Honda few thousand miles early than wasting 2 min(plus gas). Again that's just me.
karanp25, I am assuming that was meant to be sarcastic.
I changed my job 6 months ago on EAD, my 485 is still pending, i have not yet informed USCIS about it and may or may not do so in future. There is no law/regulation that says we must do so. I believe US law works on common sense rather than word-to-word written in the law books. So in general i want to draw a line for myself as to how much i should be afraid of USCIS. I would rather risk my GC than worrying about the chances of my every little action affecting my GC. But that's just me.
some of my friends keep the engine running for 2 minutes before start driving, i was never convinced this is good for the car. I would rather junk my Honda few thousand miles early than wasting 2 min(plus gas). Again that's just me.
sr123
12-18 05:06 PM
I have got Jury summons many times. I just told them I am not eligible. Please note that you need to respond to the summon in time otherwise the court might inititiate action against you. The notice I got listed a few possible reasons why you cannot perform jury duty and not being a citizen was one of them. I selected it and enclosed a copy of my passport to indicate that I am not a US citizen.
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waitnwatch
05-25 06:45 PM
Does anybody have actual TEXT from Managers Amendment from Thomas?
Not available there...yet!
Not available there...yet!
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bestia
07-16 10:30 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
snathan
12-22 05:09 PM
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.
more...
mp70
07-19 03:51 AM
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
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dba9ioracle
09-22 12:37 PM
If employer is asking pay cut becuase he is in trouble, you should change the job. I don't think he will do anything (or pay you douple), if you are in trouble even if he is making good money. Move on..
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dvvb
03-01 02:59 PM
Hi Sathishav, Thanks for the response.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
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loveiv
08-29 12:20 PM
We have a wealth of information from A to Z on US Immigration, why dont we ourselves write articles and editorials and get them published in the News Papers, Journals, etc?
Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.
Do you folks think this a good option to pursue?
Is anybody stopping you from doing so?
"TALK LESS, WORK MORE".
Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.
Do you folks think this a good option to pursue?
Is anybody stopping you from doing so?
"TALK LESS, WORK MORE".
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The7zen
08-24 09:52 AM
Hello Everybody,
Thanks for the welcome and glad to join the group.
I have also given the contact details and already got access to the google group.
Thanks for the welcome and glad to join the group.
I have also given the contact details and already got access to the google group.
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sanju_dba
07-17 11:03 AM
can you tell these...
I am still using H1 ( valid thru sept 09 ), and have EAD ( AOS pending ) under EB3 ( PD is Oct 2003). Still with same company.
Over years my responsibilities increased, ( DBA to DataArchitect ) and 1 new employee reporting to me. Will these factors help me move to EB2 ? what will be the procedure?
Please advice.
Thanks
I am still using H1 ( valid thru sept 09 ), and have EAD ( AOS pending ) under EB3 ( PD is Oct 2003). Still with same company.
Over years my responsibilities increased, ( DBA to DataArchitect ) and 1 new employee reporting to me. Will these factors help me move to EB2 ? what will be the procedure?
Please advice.
Thanks
more...
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chanduv23
10-09 05:32 PM
^^^^^^^^^^^^
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chanduv23
09-04 10:41 PM
My apologies for those who signed for this event. This has been called off. A decision was made by Chapter volunteers in the Tri State Conference call tonight.
THANKS FOR THE UNDERSTANDING
THANKS FOR THE UNDERSTANDING
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pointlesswait
02-13 10:06 AM
i spent around 3000$ for studies, could get only 2000$ under lifetime...
is there anyway i can claim the entire 3000?
is there anyway i can claim the entire 3000?
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rkat
02-06 11:21 AM
Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
more...
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mchundi
09-11 12:40 PM
Hi,
Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
Cooldude
No wonder NSC claims that it has completed data entry for most of july. My case was mailed to NSC on july 2. I did not receive anything so far. My I140 was approved by CSC though, so my lawyer thinks my case may have been transferred to CSC, but my new I140(acquisition) is at NSC. hopefully i will hear from them soon.
Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
Cooldude
No wonder NSC claims that it has completed data entry for most of july. My case was mailed to NSC on july 2. I did not receive anything so far. My I140 was approved by CSC though, so my lawyer thinks my case may have been transferred to CSC, but my new I140(acquisition) is at NSC. hopefully i will hear from them soon.
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gcisadawg
07-29 07:36 AM
I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.
The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.
My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.
The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.
My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.
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rbharol
11-02 01:06 AM
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ssswapnil
08-03 10:16 PM
Hi,
My Labor was filed in 2001. There was no progress for a year and a half and I left to go back to India. No I140 filed.
I came back to US and my present employer will be reinitiating the process soon.
Is it possible to recapture the priority date from 2001 filing?
Thanks.
Swapnil
My Labor was filed in 2001. There was no progress for a year and a half and I left to go back to India. No I140 filed.
I came back to US and my present employer will be reinitiating the process soon.
Is it possible to recapture the priority date from 2001 filing?
Thanks.
Swapnil
martinvisalaw
10-22 01:50 PM
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
yes
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [
Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa
yes
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [
Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa