avi101
05-31 06:55 PM
From what I remember from my earlier readings, you should be fine. The most they may check again is your employer letter to see that the terms of greencard continue to exist i.e. permanent job with similar job duties as in Original labor.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
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deepakjain
07-22 05:45 PM
Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....
It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.
THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here
It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.
THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here
horus
10-25 10:17 AM
The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
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go_guy123
04-17 05:36 PM
they will not "do away" with comprehensive..... if it fails this year they will bring it up again next year and next..... there is no room for piecemeal...... if there were.... they would do it after cir failed in 2006, but they didn't..... they could do after cir failed in 2007, but again they didn't...... or they could do piecemeal in 2008, 9 or 10..... the fact they didn't .... it just tells us that we ought to learn something here..... there is nothing called piecemeal & there will never be anything called piecemeal in this leg of immigration reform, other than our own fantasy world.... so get over it...... there is only 1 way to do it.... cir
lets start the undocumented bashing party now......
Eventually something's got to give. Standoffs don't remain forever. Just like 1st world war
trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.
Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.
Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).
lets start the undocumented bashing party now......
Eventually something's got to give. Standoffs don't remain forever. Just like 1st world war
trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.
Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.
Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).
more...
freddy22
04-24 09:25 PM
thanks for your help it was hardly worth pressing the keys to let me know the word drr is used by people....yawn
GCwaitforever
04-03 10:09 AM
I am quite happy with the answer from Logiclife. That is a logical response considering the difficulty we have with fund raising. Though IV has been there for just three months, we did a damn good job of raising the awareness and mobilizing people impacted.
My interest in raising the question was to gather the feedback and see what happens. Even though IV is focussing on BECs and retrogression right now, if this campaign is successful, there are other problems to solve down the line. Once we get the Greencards, are we going to stop looking at problems faced by others and go into our own shell like most of the current H-1B holders are doing right now? Or we take the same fighting spirit from this endevor and continue the efforts?
I am predicting that extending the V-Visa provison would become the goal of atleast some of us after getting a Greencard. I have few friends who could not bring their spouses here and I feel their pain.
Jinger,
Would you be constructive, bring some friends, organize and lead an effort to get this provision and prove you are unselfish? Criticizing someone is easy, but when you start doing the job, you would find the difficulties. So I urge you to move on to action, not criticism.
My interest in raising the question was to gather the feedback and see what happens. Even though IV is focussing on BECs and retrogression right now, if this campaign is successful, there are other problems to solve down the line. Once we get the Greencards, are we going to stop looking at problems faced by others and go into our own shell like most of the current H-1B holders are doing right now? Or we take the same fighting spirit from this endevor and continue the efforts?
I am predicting that extending the V-Visa provison would become the goal of atleast some of us after getting a Greencard. I have few friends who could not bring their spouses here and I feel their pain.
Jinger,
Would you be constructive, bring some friends, organize and lead an effort to get this provision and prove you are unselfish? Criticizing someone is easy, but when you start doing the job, you would find the difficulties. So I urge you to move on to action, not criticism.
more...
go_guy123
02-15 01:20 PM
If each state in India were a country
There would have been no backlog.
That is hypothetical thinking, talking from a** etc and a waste of time but yes ROW backlog would have increased instead.
There would have been no backlog.
That is hypothetical thinking, talking from a** etc and a waste of time but yes ROW backlog would have increased instead.
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GreenCard4US
08-21 10:53 PM
The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
Further Questions:
Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
Further Questions:
Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
more...
h1techSlave
02-28 06:50 PM
Bump
did you intend to say Dumb? ;) ;)
did you intend to say Dumb? ;) ;)
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h1bdude1
03-23 11:48 AM
anybody please respond !!
hibdude1
hibdude1
more...
saps
03-16 06:44 PM
On a second thought, since your spouse is filing through ROW, he/she will get his/her greencard faster than you so yeah, you can use your's spouse's I-140 approval and PD to file as a dependent on that application. So please ignore my previous post. I am not aware how I-140 interfiling is done for husband and wife so won't be able to help much on that.
Sorry for the confusion.
Sorry for the confusion.
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test101
07-09 11:33 PM
email people wh said they will join the DC rally. sorry i'm far far away in MA can not make it
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add78
06-19 11:15 AM
I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)
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lostinbeta
10-21 03:48 AM
Seems like I am making you regurgitate some old memories. I don't know if that is good or bad.
What did you mean by "that was right before the end" if you don't mind me asking.
What did you mean by "that was right before the end" if you don't mind me asking.
more...
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aranya
03-09 03:07 PM
Hi,
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
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praveenuppaluri
02-21 10:41 AM
Hello all
starting Jan 19th 2010, all the previous forms for non-immigrant visa (DS 156, 157 and 158) are removed and one single form DS 160 is introduced. I am trying to fill that for my parents and this form is an online form and one of the questions in page 1 is "your full name in native alphabet". I remember filling that for my H1 previously where I take the printouts and write my name in that box in my native language. the new form however doesn't let you save or move forward with an empty box. the only other option there is "do not apply" and not sure if that is the right way of doing it (right now its the only way I can fill this form)
anyone who filled this form recently - can you please share what you did?
Thanks
Praveen
starting Jan 19th 2010, all the previous forms for non-immigrant visa (DS 156, 157 and 158) are removed and one single form DS 160 is introduced. I am trying to fill that for my parents and this form is an online form and one of the questions in page 1 is "your full name in native alphabet". I remember filling that for my H1 previously where I take the printouts and write my name in that box in my native language. the new form however doesn't let you save or move forward with an empty box. the only other option there is "do not apply" and not sure if that is the right way of doing it (right now its the only way I can fill this form)
anyone who filled this form recently - can you please share what you did?
Thanks
Praveen
more...
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waitingmygc
10-12 07:08 PM
Please ask an attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
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GC_Wait2002
07-12 05:42 PM
bump :confused:
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solaris27
05-31 05:42 PM
how can any h1b visa holder own 33% in LLC .
I thought in LLC all members should be GC/Citizens only .
Please clearify .
I thought in LLC all members should be GC/Citizens only .
Please clearify .
Humhongekamyab
05-07 04:03 PM
Hi,
It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
My friend, what is CHAMPS?
Never mind http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_cis_champs.pdf
It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
My friend, what is CHAMPS?
Never mind http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_cis_champs.pdf
vik123
07-11 12:03 PM
We should all write personal letters highlighting what happened and send it to out to congressmen/women. 2 Senators from your state and your house rep.
That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
Yes,you are right.More the number of the senators sending inquiry, more the pressure on USCIS.Lawmakers sending inquiry will force USCIS to do something about this mess.
I thnk that next campaign should be "SEND THE LETTERS TO YOUR SENATORS"
That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
Yes,you are right.More the number of the senators sending inquiry, more the pressure on USCIS.Lawmakers sending inquiry will force USCIS to do something about this mess.
I thnk that next campaign should be "SEND THE LETTERS TO YOUR SENATORS"
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