GCNirvana007
10-08 05:05 PM
GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term
But there is one way around it, join employer A and get yourself fired from the job then you're fine.
HTH
kris
Non-complaince only if i signed any saying i will be joining them after my GC or its by default?
But there is one way around it, join employer A and get yourself fired from the job then you're fine.
HTH
kris
Non-complaince only if i signed any saying i will be joining them after my GC or its by default?
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HRPRO
02-21 09:51 AM
Jagan,
If you go in person, the Consular Officer addresses most issues in the afternoon. You could ask for a meeting with him and explain your situation.
I think this will be the easiest resolution.
Hope you get your passport soon.
If you go in person, the Consular Officer addresses most issues in the afternoon. You could ask for a meeting with him and explain your situation.
I think this will be the easiest resolution.
Hope you get your passport soon.
braindrain
06-09 09:17 AM
Folks
Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story (http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/)) are becoming more the norm rather than the exception. Any ideas?
Should then one consider using their AP instead?
Cheers.
neverbefore
I had been for the stamping in May'09 and did not have any issues. Received passport in 2 days and no issues at POE(JFK)...
Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story (http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/)) are becoming more the norm rather than the exception. Any ideas?
Should then one consider using their AP instead?
Cheers.
neverbefore
I had been for the stamping in May'09 and did not have any issues. Received passport in 2 days and no issues at POE(JFK)...
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b_boy
08-28 03:58 PM
Pending too
more...
seekerofpeace
04-23 03:33 PM
I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
Sreenuuk
06-15 03:35 PM
No need to write "None"..just leave it blank. Thats what my attorney told.
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Iamthejuggler
01-22 04:36 AM
Any chance of getting a descriptive sentence next to the entries? I don't think people will realise that they can use the mouse to rotate the camera in mine without one unless they luck into it.
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milind70
04-01 06:05 PM
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
more...
ddeka
07-09 12:35 PM
You can take info pass and get an interim EAD
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mayurcreation
04-18 08:11 AM
Date:
Dear Sir or Madam:
We are writing to confirm that Mr. XXXX was previously employed by our organization from date to date in the position of Programmer Analyst.
In the position of Programmer Analyst, Mr. XXX was responsible for extensive analyze, design, develop, programming and testing software application using C#, VB.NET, ASP.NET, ADO.NET, from resume etc....
During his tenure he had worked for Client Name1, Client Name2, Client Name3 and Client Name4 clients.
Mr. XXX was employed throughout on a full-time basis, 40 hours per week.
Very truly yours,
(Signature)
Name
Title
Dear Sir or Madam:
We are writing to confirm that Mr. XXXX was previously employed by our organization from date to date in the position of Programmer Analyst.
In the position of Programmer Analyst, Mr. XXX was responsible for extensive analyze, design, develop, programming and testing software application using C#, VB.NET, ASP.NET, ADO.NET, from resume etc....
During his tenure he had worked for Client Name1, Client Name2, Client Name3 and Client Name4 clients.
Mr. XXX was employed throughout on a full-time basis, 40 hours per week.
Very truly yours,
(Signature)
Name
Title
more...
prom2
11-02 10:20 PM
AP docs received.
Just waiting for GC
Just waiting for GC
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breddy2000
01-04 01:13 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
more...
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fromnaija
07-30 08:36 PM
Here is my situation:
My PD is Sept 2006, EB3 ROW and I have submitted I-485 for my son on July 2. Now I am aware that come October, PD will retrogress and mine may not be current for another 3 or 4 years. My son is now 20 and will become 21 in July of 2008.
My question is this:
If my PD does not become current until after my son turns 21, will his 485 be approved? Or since his 485 is already submitted before his 21st birthday he will eventually get his GC no matter whenever my PD becomes current?
I have been trying to find answers to these questions and will appreciate your input. Thank you.
My PD is Sept 2006, EB3 ROW and I have submitted I-485 for my son on July 2. Now I am aware that come October, PD will retrogress and mine may not be current for another 3 or 4 years. My son is now 20 and will become 21 in July of 2008.
My question is this:
If my PD does not become current until after my son turns 21, will his 485 be approved? Or since his 485 is already submitted before his 21st birthday he will eventually get his GC no matter whenever my PD becomes current?
I have been trying to find answers to these questions and will appreciate your input. Thank you.
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adde72
06-14 09:59 PM
Dear Friends,
Please excuse my ignorance, but I don't know what AC-21 is. Can someone please give me some idea?
Thank you.
Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition
Long Stroy in short form with the rules underlying AC 21 act
If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD
Please excuse my ignorance, but I don't know what AC-21 is. Can someone please give me some idea?
Thank you.
Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition
Long Stroy in short form with the rules underlying AC 21 act
If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD
more...
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vedicman
01-27 11:04 AM
Does anyone have a link to this bill/article? I don't see anything on the news yet.
According to Thomas.gov, the text of the bill is unavailable.
However, it has been read twice and referred to the Senate Judiciary committee.
Could this bill be the framework Reid was working on in 2010?
According to Thomas.gov, the text of the bill is unavailable.
However, it has been read twice and referred to the Senate Judiciary committee.
Could this bill be the framework Reid was working on in 2010?
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gc_chahiye
02-17 09:43 PM
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.
you can get back to H1 status, it might involve:
- filing a H1 petition (you wont be counted agianst hte quota)
- leaving US and coming back in, to "Activate" the h1.
I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.
you can get back to H1 status, it might involve:
- filing a H1 petition (you wont be counted agianst hte quota)
- leaving US and coming back in, to "Activate" the h1.
more...
makeup +kids+choice+awards+2011
Catherine
11-04 02:06 AM
Help!
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
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Janisaris
11-06 05:31 PM
Hi,
did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.
Please let me know if u got ur receipt number.
any one else who are wating on receipt number who filed I-485 on july 2nd.
I am July 19th Filer. They did not have my information in the system till Oct 31st. But when I called this Monday I got my receipts as they were entered on Nov 1st. As per USCIS they are done receipting all the applications received in July- Aug.
You might want to call and create a service request.
did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.
Please let me know if u got ur receipt number.
any one else who are wating on receipt number who filed I-485 on july 2nd.
I am July 19th Filer. They did not have my information in the system till Oct 31st. But when I called this Monday I got my receipts as they were entered on Nov 1st. As per USCIS they are done receipting all the applications received in July- Aug.
You might want to call and create a service request.
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sumansk
09-28 04:44 PM
Its not ata ll meaningful....I just hate to see no order of processing taking place...still many guys with older filing dates waiting and guys filing as late as a week back gettign their receipts...system any where sucks man..
GOD REALLY NEED TO BLESS AMERICA....
GOD REALLY NEED TO BLESS AMERICA....
LostInGCProcess
09-06 04:22 PM
USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.
Regardless of the amount of application they receive, they have to provide 'good' service for the amount they charge for each application.
If we assume the per charge of each application is $100.00 or $200.00
7.5miilion X $100.00 = $750 million.
7.5million X $200.00 = $1.5 Billion.
you have a huge receivable account. And it can be run more efficiently and accurately giving good customer satisfaction.
I feel sorry for the person who has posted this thread. Cause he may have made lot of planning to travel, book flight tickets etc...and it all has to change...so, there is also a secondary cost involved if one goes thru this kind of 'errors'.
Regardless of the amount of application they receive, they have to provide 'good' service for the amount they charge for each application.
If we assume the per charge of each application is $100.00 or $200.00
7.5miilion X $100.00 = $750 million.
7.5million X $200.00 = $1.5 Billion.
you have a huge receivable account. And it can be run more efficiently and accurately giving good customer satisfaction.
I feel sorry for the person who has posted this thread. Cause he may have made lot of planning to travel, book flight tickets etc...and it all has to change...so, there is also a secondary cost involved if one goes thru this kind of 'errors'.
kumar1305
02-25 05:10 PM
WOW. Stealing $30 worth of stuff makes her so bad?
I wonder what stealing from an employer by leaving early from work would mean.
You are beyond hopeless.
Here people are putting more than 8 hours a day. Many are doing twice the job. Doing Administration and development, development and support and what not. Employers do not want to recruit a new one. Have thrown all the stuff on poor H1Bs, can't run away just have to work hard to keep the status.
Which company which let you go early in the current economy? This kind of statements are an insult to all the hard working guys on this forum.
I wonder what stealing from an employer by leaving early from work would mean.
You are beyond hopeless.
Here people are putting more than 8 hours a day. Many are doing twice the job. Doing Administration and development, development and support and what not. Employers do not want to recruit a new one. Have thrown all the stuff on poor H1Bs, can't run away just have to work hard to keep the status.
Which company which let you go early in the current economy? This kind of statements are an insult to all the hard working guys on this forum.
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