STAmisha
11-15 01:06 AM
I head that Backlog centers is allowing people to convert their applications from TR to RIR. Can I know whats the process. I can ask my lawyer to do that
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glus
10-19 08:18 AM
What do the people in the following circumstance do:
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
NikNikon
June 17th, 2005, 03:44 AM
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mna123
07-30 09:07 PM
Thanks Kondur, your response cleared many things.
No I was not of status because I am "outside" of US and am on unpaid leave for last 3 months as my name check for H-1 is pending.
No I was not of status because I am "outside" of US and am on unpaid leave for last 3 months as my name check for H-1 is pending.
more...
nikh
12-21 11:18 AM
walking_dude and Munnabhai,
Its not fair to make such comments on her. Its very unprofessional from ourside to act like that even before a help denied by her. I think IV needs everyones help and input. Anyone including her might be of great help if they are convinced with our cause and willing to help. And, they deserve a respect.
By the way, i am neither a supporter of indian govt nor belong to a minority community.
nikh
Its not fair to make such comments on her. Its very unprofessional from ourside to act like that even before a help denied by her. I think IV needs everyones help and input. Anyone including her might be of great help if they are convinced with our cause and willing to help. And, they deserve a respect.
By the way, i am neither a supporter of indian govt nor belong to a minority community.
nikh
immi_grant
06-25 05:14 PM
Thank you both for your insight !!
I will discuss this with my attorney ASAP.
I will discuss this with my attorney ASAP.
more...
aachoo
03-23 12:36 AM
Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
I am on my third AP- all filed through my attorney. All my applications say "ASAP". Length says "several weeks"
-a
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
I am on my third AP- all filed through my attorney. All my applications say "ASAP". Length says "several weeks"
-a
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hsm2007
09-20 07:28 PM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
more...
singhsa3
07-16 05:47 AM
I think it is a mistake to assume that EB2 category can be determined by wage levels
Mine is Wage level -II but I have a masters from the US. It all depends on the job requirement.
Also, I know a person who is wage level-III but is EB3.
Further explanation can be found at http://www.flcdatacenter.com/skill.aspx
Mine is Wage level -II but I have a masters from the US. It all depends on the job requirement.
Also, I know a person who is wage level-III but is EB3.
Further explanation can be found at http://www.flcdatacenter.com/skill.aspx
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prince_waiting
08-31 11:45 AM
Dont worry about it guys........
Every American who owns an IPOD and can surf the web thinks that he is hi-tech....
Americans still expect six figues salaries after high school educaiton....
My boss has been trying to hire a couple of EEs since the past couple of months but is not successful.....Ultimately he had to request me to find Indians graduating in the coming fall semester from the local university....
Also the poll shoule be structured as "Do you think American school system is not producing enough skilled workers with knowledge in STEM fields?"
'High tech jobs' and 'qualified workers' are all distractive terms for the larger malice in place: Americans taking for granted that jobs will be lined for them when they step out of college.
As a matter of fact Mr. Lou Dobbs is doing a big disservice to the American people by lying and not encounraging them to face the harsh truth that there is a lot of competition out there and please be prepared to face it.
Every American who owns an IPOD and can surf the web thinks that he is hi-tech....
Americans still expect six figues salaries after high school educaiton....
My boss has been trying to hire a couple of EEs since the past couple of months but is not successful.....Ultimately he had to request me to find Indians graduating in the coming fall semester from the local university....
Also the poll shoule be structured as "Do you think American school system is not producing enough skilled workers with knowledge in STEM fields?"
'High tech jobs' and 'qualified workers' are all distractive terms for the larger malice in place: Americans taking for granted that jobs will be lined for them when they step out of college.
As a matter of fact Mr. Lou Dobbs is doing a big disservice to the American people by lying and not encounraging them to face the harsh truth that there is a lot of competition out there and please be prepared to face it.
more...
pratikgr
08-08 07:49 PM
My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
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ghost
09-22 06:06 PM
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?
Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?
TIA
even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?
Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?
TIA
more...
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sixburgh
08-13 10:46 AM
History:
- My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
- Wife had entered USA on H4 (2005)
- In July 2007, we both got a chance to apply for 485, EAD and AP
- Since then I switched to EAD, wife too started working on EAD
- But my company also kept renewing my H1
- During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
- We both received our h1 and h4 notices.
- Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
- This is what I did, I got a stamp and entered USA now on H1.
- Note that my wife continued to remain in USA and worked on EAD.
- Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
- Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
- But once wife gets EAD, she will continue to use it to work.
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
(My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
(I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)
Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
- My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
- Wife had entered USA on H4 (2005)
- In July 2007, we both got a chance to apply for 485, EAD and AP
- Since then I switched to EAD, wife too started working on EAD
- But my company also kept renewing my H1
- During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
- We both received our h1 and h4 notices.
- Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
- This is what I did, I got a stamp and entered USA now on H1.
- Note that my wife continued to remain in USA and worked on EAD.
- Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
- Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
- But once wife gets EAD, she will continue to use it to work.
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
(My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
(I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)
Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
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miguy
12-20 02:52 PM
how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#
please help
please help
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gcpadmavyuh
08-21 11:22 AM
Where did you file, TSC/NSC?
Please see above
Please see above
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GCard_Dream
09-15 01:41 PM
You bring up a good point about the conference committee. When is the conference committee needed? Is it when bills are significantly different or even for slight differences. I thought conference is only needed if the bills are significantly different and needs to be negotiated between 2 houses. If only few provisions ( like ours) are different then can it be voted on by the house as it is without any conference and get a up or down vote? Now this all assumes that republicans are actually serious about some kind of relief to legal folks which I am seriously starting to doubt.
if they take the bill, they might listen to us and include our provisions in this bill because our provisions are part of the CIR bill which they passed it.
but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.
if they take the bill, they might listen to us and include our provisions in this bill because our provisions are part of the CIR bill which they passed it.
but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.
more...
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fcres
07-06 01:19 PM
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
If 485 is filed and then it retrogressed (like right now), i can still get 3yr extension, right?
if they are not then you apply for 485 :)
If 485 is filed and then it retrogressed (like right now), i can still get 3yr extension, right?
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cr52401
03-21 08:57 AM
I am in same situation and try to file next month. Can you tell me how long it took for you to get the second approval?
I also sent you a PM as well.
Thank you.
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
I also sent you a PM as well.
Thank you.
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
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h1techSlave
07-16 10:26 PM
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
XXXXX
I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?
Cheers,
h1techSlave
XXXXX
I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?
Cheers,
h1techSlave
JSimmivoice
01-25 01:08 PM
Oops mistake in my previous post, my visa stamp on the passport expired Last Year.
andy garcia
07-30 02:26 PM
Even FP notice? I think it comes directly to you..
You are correct, they get a copy.
You are correct, they get a copy.
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