s416504
08-29 12:24 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
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nixstor
09-20 05:37 PM
Just wondering how many souls are out there in the country with EB-2 India PD of 2004 and earlier but are not here on IV.
Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.
Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?
I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.
Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.
Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?
I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.
go_getter007
12-20 11:45 AM
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
Please advice
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
Please advice
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Appu
08-19 08:34 PM
You are eligible to work as soon as you receive the receipt notice. So I don't see a big gap.
Which service center is this?
Which service center is this?
more...
spulavarthi
08-27 02:55 PM
2 weeks back we rec'd 2 yr EAD renewal expiring August 2010 TSC, current EAD expired 08/20/2008.
EB2 - I
PD : Feb 2006
I-140 approved Nov 2006.
EB2 - I
PD : Feb 2006
I-140 approved Nov 2006.
saratswain
09-15 03:53 AM
My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
more...
sam_austin77
12-18 11:34 PM
Team,
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
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samcam
05-19 11:15 AM
Simple reason, you get access to the members only forums.. Very informative.. Also, only way to help yourself is by helping a bigger cause.. come join us and contribute!!
I have attached a screenshot of the members only forums... Take a look!
I have attached a screenshot of the members only forums... Take a look!
more...
chanduv23
07-27 04:04 PM
I need your input.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
As long as you have a job/future valid job in hand, you don't have to worry. If you have changed your residence, just change your address and face reality. Most petitions are preadjudicated - which means that the adjudicator - when processing your application was convinced that you have a valid job. Now, unless something drastically changes (which is rare) you don't need to do anything.
Don't get stressed over RFE. RFE is nothing to worry about. I think you should be more worried about your employer who is not paying you properly. You need to report such employers.
Even if you get a RFE, it has nothing to do with pay checks. Pay checks is a arrangement between you and your employer and USCIS has nothing to do with your pay checks.
People have moved coast to coast and changed addresses and not received any RFEs, so just chill and be happy that your PD is current.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
As long as you have a job/future valid job in hand, you don't have to worry. If you have changed your residence, just change your address and face reality. Most petitions are preadjudicated - which means that the adjudicator - when processing your application was convinced that you have a valid job. Now, unless something drastically changes (which is rare) you don't need to do anything.
Don't get stressed over RFE. RFE is nothing to worry about. I think you should be more worried about your employer who is not paying you properly. You need to report such employers.
Even if you get a RFE, it has nothing to do with pay checks. Pay checks is a arrangement between you and your employer and USCIS has nothing to do with your pay checks.
People have moved coast to coast and changed addresses and not received any RFEs, so just chill and be happy that your PD is current.
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ssksubash
03-10 02:23 PM
HI,
Starting from Jan 2010 there are new rules for getting the prevailing wage info. The turn around time for this in worst case is 60 days. Do you happen to know if there is any way to expedite this.
Also do we have to go through DOL to get this info or can we use any other means.
Any information is highly appreciated.
Starting from Jan 2010 there are new rules for getting the prevailing wage info. The turn around time for this in worst case is 60 days. Do you happen to know if there is any way to expedite this.
Also do we have to go through DOL to get this info or can we use any other means.
Any information is highly appreciated.
more...
Ramba
08-07 03:44 PM
I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
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apahilaj
09-28 05:04 PM
graj012, thanks for your input. You phrased it nicely.
Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.
Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.
Good luck!
Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.
Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.
Good luck!
more...
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smiledoc
02-27 06:28 PM
Hi friends,
We filed I485 in July.We got our Ead and Ap and my hubby is shifting jobs using AC 21. But we did not get any FP notice till now. In our EAD card, it just says fingerprint unavailable. We called USCIS twice but they said that they haven't yet generated any FP notice for us. Even our attorney hasn't received anything. We have to renew our EAD card in June..will there be a prb during the renewal becos of lack of FP?? Should we get an infopass appt for this..is it necessary?
Anyone in same situation pls lemme know.
Thanks!
We filed I485 in July.We got our Ead and Ap and my hubby is shifting jobs using AC 21. But we did not get any FP notice till now. In our EAD card, it just says fingerprint unavailable. We called USCIS twice but they said that they haven't yet generated any FP notice for us. Even our attorney hasn't received anything. We have to renew our EAD card in June..will there be a prb during the renewal becos of lack of FP?? Should we get an infopass appt for this..is it necessary?
Anyone in same situation pls lemme know.
Thanks!
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javacool2008
09-17 12:41 PM
I have the same problem. My application mailed to NE at July 13th. Now I am looking at a receipt on Sep. 7th. Funny I fax a letter to NE on Sep. 6th after the long wait. Then my application was transfered to Texas the very next day and issued a receipt notice on Sep. 7th.
I am thinking the worker is trying to cover for his or her irresponsibility. Of course I have no prove of such, but the paper work never lies.
Welcome to the America. DC is the way to go.
I am thinking the worker is trying to cover for his or her irresponsibility. Of course I have no prove of such, but the paper work never lies.
Welcome to the America. DC is the way to go.
more...
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AK_GC
03-17 02:13 PM
We didn't have issues getting the original loan and getting refinances for our home with H1 and our EAD/ AP....although they need lot more paperwork. But if you have good credit score, and if you have the papers that they request, you should be able to get a good rate. The time from application to closing takes a little longer though.
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bsbawa10
08-15 09:56 AM
Why are there two "Priority Date" columns?
There is onlly one. The other ones are for the notice date and receipt dates
There is onlly one. The other ones are for the notice date and receipt dates
more...
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mlk
10-20 02:12 PM
but you had a chick.
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Legal_In_A_Limbo
04-27 09:22 PM
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
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regacct
04-26 08:27 AM
I am working in company Vision System Group Inc (VSG INC). They are under USCIS investigation and involved in illegal activities. (Vision Systems Group Inc., was indicted in a 10-count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of 'Notice of Forfeiture' in the amount of $7.4 million.) .
For more detail please read here 11 arrested, indicted in multi-state visa fraud operation (http://www.ice.gov/pi/nr/0902/090212desmoines.htm).
Many more similar link by searching Vision Systems Inc Group on Google.
They have sister concern companies:
Axiom
Orion
Venturi
Orionsoft
Cornerstone Information Systems
They all managed by same owner and management.
Company first delayed the payment by 6 weeks. They pay salary more then one month late (example on March 7, I get salary on period Jan 16- Jan 31). This (late payment) they are doing since last more then one year. On March 12th, 2010 they send email saying VSG and its entire sister concern companies are acquired by Zolon (Zolon Corporation) and send there HR manager's email addresses for communication with company. In other email they attached memo from zolon company's CEO that describes that they will pay March(1-15) salary on April 10 and March(16-31) on April 26 and so on. They also told that they will pay Feb(whole months) salary when ever they can. I sent many emails for Feb Salary, VSG HR ppl are saying you should ask new management for salary I (VSG HR ppl) am also now employee for Zolon. I talk to Zolon HR ppl and I told if I dont get Feb salary then I will complain DOL and file a case throgh attorney. Zolon HR ppl are saying Zolon' responsibility of paying salary is from March only.In reality VSG should have paid this salary already, we (might) pay but dont know when. You can file case and lets attorney decide. I dont care.
How should complain about salary to DOL should I complain against Zolon or VSG or both? Now there is no VSG. will I get success? Zolon might slip away by saying I acquired from March.
It is also possible Zolon and VSG owner might be relatives. and want to make money by not paying Feb salary.
Please advice.
check this site out on how to file a report with DOL RIGHTS OF H1B/REPORT ABUSE/REPORT FRAUD - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/RIGHTS_OF_H1B/REPORT_ABUSE/REPORT_FRAUD)
For more detail please read here 11 arrested, indicted in multi-state visa fraud operation (http://www.ice.gov/pi/nr/0902/090212desmoines.htm).
Many more similar link by searching Vision Systems Inc Group on Google.
They have sister concern companies:
Axiom
Orion
Venturi
Orionsoft
Cornerstone Information Systems
They all managed by same owner and management.
Company first delayed the payment by 6 weeks. They pay salary more then one month late (example on March 7, I get salary on period Jan 16- Jan 31). This (late payment) they are doing since last more then one year. On March 12th, 2010 they send email saying VSG and its entire sister concern companies are acquired by Zolon (Zolon Corporation) and send there HR manager's email addresses for communication with company. In other email they attached memo from zolon company's CEO that describes that they will pay March(1-15) salary on April 10 and March(16-31) on April 26 and so on. They also told that they will pay Feb(whole months) salary when ever they can. I sent many emails for Feb Salary, VSG HR ppl are saying you should ask new management for salary I (VSG HR ppl) am also now employee for Zolon. I talk to Zolon HR ppl and I told if I dont get Feb salary then I will complain DOL and file a case throgh attorney. Zolon HR ppl are saying Zolon' responsibility of paying salary is from March only.In reality VSG should have paid this salary already, we (might) pay but dont know when. You can file case and lets attorney decide. I dont care.
How should complain about salary to DOL should I complain against Zolon or VSG or both? Now there is no VSG. will I get success? Zolon might slip away by saying I acquired from March.
It is also possible Zolon and VSG owner might be relatives. and want to make money by not paying Feb salary.
Please advice.
check this site out on how to file a report with DOL RIGHTS OF H1B/REPORT ABUSE/REPORT FRAUD - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/RIGHTS_OF_H1B/REPORT_ABUSE/REPORT_FRAUD)
redcard
01-19 01:08 PM
Here is my understanding:
Situation 1-
1. Get New Visa Stamped:
If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.
Situation 2
2. No New Visa Stamped and entering on the old visa
I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..
Hope this helps..
Situation 1-
1. Get New Visa Stamped:
If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.
Situation 2
2. No New Visa Stamped and entering on the old visa
I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..
Hope this helps..
shar533
05-23 11:03 AM
Mr Aggarwal
Thanks a lot for clarification. So that means I dont have to worry about anything and if USCIS approve my case that shall be for 1 year and 4 days.
Sharma
Thanks a lot for clarification. So that means I dont have to worry about anything and if USCIS approve my case that shall be for 1 year and 4 days.
Sharma
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