desi3933
02-10 04:00 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
logiclife
12-20 11:38 AM
did you get a letter from USCIS to your new address that they have received your address change request?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
anda007
07-12 11:21 AM
Those who want to send flowers to Condi and those who do not.
There is quite a number of people, who do not feel that this is "over-doing"
Lets stop discussing and fix the date (7/17 is good enough) and send it
If you think that this a bad idea, we respect your views and you may not send
How do convert this thread into the poll
There is quite a number of people, who do not feel that this is "over-doing"
Lets stop discussing and fix the date (7/17 is good enough) and send it
If you think that this a bad idea, we respect your views and you may not send
How do convert this thread into the poll
Circus123
10-06 09:02 PM
Thanks
more...
Karthikthiru
10-11 12:40 PM
You said Master's is the requirement. But When did you file your labor?
Karthik
Karthik
eb3_nepa
02-08 04:46 PM
Greenever i totally support that view. I am all for trying to contact the ministry incharge. All i meant is, if it does not work out, we shudnt start throwing insults at the Government. We pay ZERO taxes in India and technically do Nothing worth writing home about for our country or it's government.
U know it is interesting that we bring up Indians and the Indian Government debate. The Government did what it could to further the economy. Then we had Scams in BPO offices (Citibank etc). The Question now is, who is the bigger problem, the Indian Govenrment or the Indian? Another example: People litter the streets and expect the Govt to pick up after them. A simple example here. On my recent visit to India, at the bombay airport, in the immigration queue, i saw an Indian guy just dump a soiled plastic bag in a perfectly clean area, while standing in the Queue! Just left it there, as though it was a dumping ground. Try doing that on ANY airport here! Forget the police, one of the citizens here will ask u to pick up ur trash.
Thoughts anyone? :)
U know it is interesting that we bring up Indians and the Indian Government debate. The Government did what it could to further the economy. Then we had Scams in BPO offices (Citibank etc). The Question now is, who is the bigger problem, the Indian Govenrment or the Indian? Another example: People litter the streets and expect the Govt to pick up after them. A simple example here. On my recent visit to India, at the bombay airport, in the immigration queue, i saw an Indian guy just dump a soiled plastic bag in a perfectly clean area, while standing in the Queue! Just left it there, as though it was a dumping ground. Try doing that on ANY airport here! Forget the police, one of the citizens here will ask u to pick up ur trash.
Thoughts anyone? :)
more...
moonrah
07-22 11:46 PM
Hi,
I am in unique situation and need help in decision making. I am on H1B and my labor is pending. My sixth year on H1B will start in three to four months. I do have couple of months of vacation that I can recover in six year of H1B.
My project ends in six months then I have been told that I have to leave the company and when I leave I will get good amount of money from my employer.
I might have other offer from some small (<100 employees) consulting company. My current employer is a giant (> 50,00) company.
I have two options:
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
My dilemma is:
With option 1, I might not have enough time at the end of my project to find new employer and file new PERM. Even if I find new employer, I might not have enough time on my H1B to extend it beyond six year. In, this case I will end up going back to my home country.
With option 2, my new PERM might be filed but I don�t know how reliable the company is as it is a body shopper and boast of no problem with the company. I also don�t know if I do H1B transfer will I get any kind of RFE? Will my PERM process face any issues? Will I get any stamping problems? How long my employment will last? And if I change to this employer, I will lose that good chunk of money.
Gurus, please help and advice with your experience. If anybody has experience transferring H1B from big company to a small company please share. Please share your recent experience with small consulting firm either ways.
I am in unique situation and need help in decision making. I am on H1B and my labor is pending. My sixth year on H1B will start in three to four months. I do have couple of months of vacation that I can recover in six year of H1B.
My project ends in six months then I have been told that I have to leave the company and when I leave I will get good amount of money from my employer.
I might have other offer from some small (<100 employees) consulting company. My current employer is a giant (> 50,00) company.
I have two options:
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
My dilemma is:
With option 1, I might not have enough time at the end of my project to find new employer and file new PERM. Even if I find new employer, I might not have enough time on my H1B to extend it beyond six year. In, this case I will end up going back to my home country.
With option 2, my new PERM might be filed but I don�t know how reliable the company is as it is a body shopper and boast of no problem with the company. I also don�t know if I do H1B transfer will I get any kind of RFE? Will my PERM process face any issues? Will I get any stamping problems? How long my employment will last? And if I change to this employer, I will lose that good chunk of money.
Gurus, please help and advice with your experience. If anybody has experience transferring H1B from big company to a small company please share. Please share your recent experience with small consulting firm either ways.
Prashanthi
08-27 02:17 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
more...
inskrish
09-05 05:14 PM
Inshkrish,
You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...
Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....
I am not sure how to check...if online is not reliable...
Regards,
SoP
I had an Infopass appointment. The IO checked the status of my two dependants and confirmed that their cases were also approved, although the online status still says their cases are pending.
You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...
Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....
I am not sure how to check...if online is not reliable...
Regards,
SoP
I had an Infopass appointment. The IO checked the status of my two dependants and confirmed that their cases were also approved, although the online status still says their cases are pending.
mhtanim
08-08 05:39 PM
This is odd! California Service Center has stopped processing EB I-485s long time ago.
Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.
I highly doubt if the IO (if that's what s/he was) really knows anything.
Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.
I highly doubt if the IO (if that's what s/he was) really knows anything.
more...
asdfred
10-12 05:29 PM
no dude..it does not..there is not much it will give us..
we need visa recapture, elimination of country quota and simplification of ac21 rules
(i feel like i am asking for free beer :p)
we need visa recapture, elimination of country quota and simplification of ac21 rules
(i feel like i am asking for free beer :p)
rchristopherriley
11-01 09:11 AM
I'm from ROW, my spouse and me both have EAD and AP. But our I-485 is pending. My spouse isn't working but would be travelling to Germany next year while I won't be travelling with her.
1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?
2. How soon will the service center accept the renewal applications before they expire?
3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?
4. What paper work do I need to submit with my applications for renewal either by online or manual?
5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?
Experts please advice.
1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?
2. How soon will the service center accept the renewal applications before they expire?
3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?
4. What paper work do I need to submit with my applications for renewal either by online or manual?
5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?
Experts please advice.
more...
Suva
05-19 11:07 AM
Who has told you that he is on H1B. He could be on L1B also. Anyone can qualify under L1B.
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
TO NID
I think it's best to get an evaluation from wes.org and then go to the university to know how many credits you can get through this evaluation.
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
TO NID
I think it's best to get an evaluation from wes.org and then go to the university to know how many credits you can get through this evaluation.
softcrowd
02-07 09:46 AM
As many people stated already, Parents do not qualify for H4 status. They can come here on Visitors (B2) visa but that way their stay here can not be more than 6 months & frequent such stays also raise a red flag.
So, unless one becomes Citizen - I can't think of an alternative to bring parents on a permanent basis. I wish there is a way too!!
So, unless one becomes Citizen - I can't think of an alternative to bring parents on a permanent basis. I wish there is a way too!!
more...
msp1976
04-23 01:32 PM
No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.
The S 9 was introduced in the first day of senate..
They are gonna fill up the language any time they like...
One fine day you are gonna wake up and find the bill getting debated...
The S 9 was introduced in the first day of senate..
They are gonna fill up the language any time they like...
One fine day you are gonna wake up and find the bill getting debated...
myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
more...
Pallavi79
02-21 10:40 AM
>>Looks like you are on EAD. Are you still finding it difficult to find a job?
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
boreal
07-28 03:53 PM
I got the LUD on last year's approved AP too on 7/27..wonder why on an approved AP..(PD Jan 06)..maybe because i had applied for its renewal...or maybe a mass system update, as it occured on a Sunday. Dont think we can read anything into such LUDs..only LUD that i would believe in - 'Your 485 has been approved and you are a free man!!!' :-)
jazzyjatt
07-29 09:17 PM
Brasil,
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
getgc2008
03-05 10:50 PM
Thanks folks. So my present employer will never know when I change lawyers. If I get any RFE's also within the next 3 to 4 months , it will go to the new lawyer.
sodh
07-18 05:05 PM
I can donate for this case if any Lawyer can help him.
No comments:
Post a Comment