msyedy
03-28 11:13 AM
You may have submitted your papers in Jan 2007 but make sure your lawyer forwarded it in Jan 2007. Check for the date Received on the approval notice.
If you filed it in January you should have a reciept document which should be a date before your old H1-B of 5th feb expires, if you have this you are not considered out of status.
As someone sujested there may be a typo or the I-129 was filed incorrectly or these USCIS people did not really look into the case properly.
Your lawyer can follow up with that reciept notice and H1-B approval and correct the error.
Dont' Worry, you are safe. Yell at your lawyer if it is his mistake. These lawyers are so untrust worthy these days, they are becomming more money minded.
Issues have happened with many of my friends.
If you filed it in January you should have a reciept document which should be a date before your old H1-B of 5th feb expires, if you have this you are not considered out of status.
As someone sujested there may be a typo or the I-129 was filed incorrectly or these USCIS people did not really look into the case properly.
Your lawyer can follow up with that reciept notice and H1-B approval and correct the error.
Dont' Worry, you are safe. Yell at your lawyer if it is his mistake. These lawyers are so untrust worthy these days, they are becomming more money minded.
Issues have happened with many of my friends.
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eb3_nepa
06-22 09:16 AM
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
When you say
Proof that person is maintaining valid status in USA since last entry in USA
What documents prove that exactly?
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
When you say
Proof that person is maintaining valid status in USA since last entry in USA
What documents prove that exactly?
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go_guy123
05-22 02:37 PM
Thanks for your Reply.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
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ashoka
09-25 12:38 PM
How do I see or get LUD for I140 ? Mine was approved in DEC, 2006. Applied 485 in August 2nd week. Will I also get LUD?
more...
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makemygc
08-03 10:22 PM
USCIS press release states that it has issued I-485 receipts upto July 11 2007
and for Texas upto June 26, 2007
Any link?
and for Texas upto June 26, 2007
Any link?
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tinuverma
03-19 04:23 PM
nice surprise to see there are a few strugglers like me here.
PD: sept 2005.
EAD: approved
I-140: approved.
in OKC metro area.
PD: sept 2005.
EAD: approved
I-140: approved.
in OKC metro area.
more...
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mmanurker
05-22 03:00 PM
Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.
can you pls reveal the name of your employer?
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.
can you pls reveal the name of your employer?
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PD_Dec2002
07-10 12:15 PM
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
more...
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Curious_Techie
08-07 05:53 PM
I came back on Sunday after landing with a expired visa but valid H1B till 2010
My family had valid visa till sept 07
My family had valid visa till sept 07
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masti_Gai
01-05 12:50 PM
He needs to find a consultant who can sponsor a H1B for him. But H1B for this fiscal year is over he might have to wait for the fiscal year of 2008
more...
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SunnySurya
07-13 12:49 PM
Reading your post, it seems that it is better for me to do nothing (option A).
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
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amalshe
12-09 03:32 PM
Hi,
Which address did you mail your upgrade request to? I will be doing the same early next week. My EB-1 I-140 (OR) just got approved.
Thanks in advance.
Which address did you mail your upgrade request to? I will be doing the same early next week. My EB-1 I-140 (OR) just got approved.
Thanks in advance.
more...
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Lasantha
04-01 05:46 PM
I agree 100%
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
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Libra
08-28 10:11 AM
guys, please contribute to DC rally in whatever way you can.
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chanduv23
06-25 08:00 AM
This is an answer to Ron Hira types of folks who complain H1b visas are complimenting offshore work. So the answer to Ron Hira is - B1 visa will compliment the offshoring and not h1b.
For consulting companies - As long as they can easily transport people back and forth - whatever visa - they don't care.
This is good news for fresh h1b seekers because h1b visas will be freed up for you to come here and immigrate into the US system.
There will be a challenge to Mom and Pop body shops - As they cannot offshore and rely on h1b visa holders for a living - Durbin and Grassley amendments will pose restrictions on H1b visa consulting and these small shops will face a challenge in future.
If any of you work for these shops and want a GC - get ur EAD ASAP. I am sure changes are coming - This proves that Uncle SAM is always watching.
For consulting companies - As long as they can easily transport people back and forth - whatever visa - they don't care.
This is good news for fresh h1b seekers because h1b visas will be freed up for you to come here and immigrate into the US system.
There will be a challenge to Mom and Pop body shops - As they cannot offshore and rely on h1b visa holders for a living - Durbin and Grassley amendments will pose restrictions on H1b visa consulting and these small shops will face a challenge in future.
If any of you work for these shops and want a GC - get ur EAD ASAP. I am sure changes are coming - This proves that Uncle SAM is always watching.
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belmontboy
07-01 02:30 PM
thank you
why are you thanking yourself? :D
why are you thanking yourself? :D
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gcisadawg
04-16 11:11 AM
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
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moclutch
03-04 04:30 PM
I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
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GCapplicant
07-18 01:37 PM
Good Attorney -Even DOL has to be sued for delaying labor approvals and backlog.Thats one of the reason for this huge retrogression.
kirupa
07-21 12:56 PM
Hardly - performance is one of the big advantages of Silverlight. It runs a similar version of the .NET CLR in it! What are the examples that you've seen that run slowly?
fromnaija
09-20 04:07 PM
WELCOME TO RETROGRESSION!!!!
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
