sweet_jungle
10-23 11:52 PM
[QUOTE=gcobsessed;298830]My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
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psk79
08-24 08:50 PM
Hi guys,
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
I am in the same boat.. Jul2, NSC filesd I140 approved in TSC received by BArrett @1025am
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
I am in the same boat.. Jul2, NSC filesd I140 approved in TSC received by BArrett @1025am
god_bless_you
04-28 01:07 PM
The attached USCIS memo document will be helpful regarding this issue:
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americandesi
11-01 12:32 PM
I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.
Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.
Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.
If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.
2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.
Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.
Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.
Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.
If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.
2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.
Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.
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glus
04-15 02:24 PM
In employment-based immigration, an I140 is an immigrant petition according to the law. So most likely INS will determinate one must work for 3 years before the I140 is filed. Many people think that an immigrant petition means filing for I485, but I don't think that the case. I140 is the immigrant petition.
I am not an attorney.
G
I am not an attorney.
G
gemini23
11-20 01:37 PM
can anyone answer my question above.
since a copy of current I-797 is needed for renewing EAD, is it mandatory to keep renewing H1 even if i want to just work on EAD?
does anyone know for sure that a copy of CURRENT and VALID I-797 is needed for EAD renewal?
since a copy of current I-797 is needed for renewing EAD, is it mandatory to keep renewing H1 even if i want to just work on EAD?
does anyone know for sure that a copy of CURRENT and VALID I-797 is needed for EAD renewal?
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Picasa
01-22 03:48 PM
What do you mean by 4 part payments?
Here is the scenario
Lets say I have Rs 100,000 principal loan and I can make 4 payments of Rs 22,000 (4X22,000= 88,000) and tells ICICI bank to span rest of Rs. 12,000 (100,000-88,000=12000) in 13 EMI.
Please correct me if I am wrong.
Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.
Here is the scenario
Lets say I have Rs 100,000 principal loan and I can make 4 payments of Rs 22,000 (4X22,000= 88,000) and tells ICICI bank to span rest of Rs. 12,000 (100,000-88,000=12000) in 13 EMI.
Please correct me if I am wrong.
Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.
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rdehar
08-26 12:44 PM
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.
H1 transfers are really tricky nowadays -- there is a big risk.
Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.
H1 transfers are really tricky nowadays -- there is a big risk.
Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.
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rajutata
03-18 03:40 PM
Prevailing wage is for your future job after you get your green card. Bonus is paid this year although it was for your last year work and can not be included in your last year W2 and is not necessary also. Sometimes we get paid December months salary in January of the following year and will not show up in previous year's W2.
It is not a requirement at all.
It is not a requirement at all.
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amsgc
01-22 10:41 PM
Of all your posts - you go that straight! :)
Thank you for your good wishes. However, I encourage you to look around the forum a bit, and see for yourself where you stand in line. I reckon there are tens of thousands of people from India waiting in line in your category - and they give out a generous three thousand every year in your category (including dependents)
At this rate - there is no chance in hell you will get lucky this year, or next year, or for several years after that.
I will see you next year - till then sweet dreams :)
I understand that you are new to this waiting game, I too had unrealistic expectations when I started out a couple of years ago. But the ground reality is that there just aren't enough green cards given out in the EB category. The EAD has some advantages, but for how long would you like to live in a state of limbo? My sincere unsolicited advice to you is to start the process in the last couple of years of your H-1B. Till then, expand your experiences, change jobs, and climb up the corporate ladder. Do not get stuck. You may not be aware, but if your I-140 is approved, you can get your H-1B extended in 3 year increments if your PD is not current. Don't be in a hurry to get the GC, because the govt. is clearly not in a hurry to give you one out to you.
When someone uses phrases like "being optimistic is better than nothing", it really gets me because doing nothing is going to get you just that - nothing.
The way u r replying seems to be u r one of those in that frustated waiting list. I only can wish u the best.
Thank you for your good wishes. However, I encourage you to look around the forum a bit, and see for yourself where you stand in line. I reckon there are tens of thousands of people from India waiting in line in your category - and they give out a generous three thousand every year in your category (including dependents)
At this rate - there is no chance in hell you will get lucky this year, or next year, or for several years after that.
I will see you next year - till then sweet dreams :)
I understand that you are new to this waiting game, I too had unrealistic expectations when I started out a couple of years ago. But the ground reality is that there just aren't enough green cards given out in the EB category. The EAD has some advantages, but for how long would you like to live in a state of limbo? My sincere unsolicited advice to you is to start the process in the last couple of years of your H-1B. Till then, expand your experiences, change jobs, and climb up the corporate ladder. Do not get stuck. You may not be aware, but if your I-140 is approved, you can get your H-1B extended in 3 year increments if your PD is not current. Don't be in a hurry to get the GC, because the govt. is clearly not in a hurry to give you one out to you.
When someone uses phrases like "being optimistic is better than nothing", it really gets me because doing nothing is going to get you just that - nothing.
The way u r replying seems to be u r one of those in that frustated waiting list. I only can wish u the best.
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delax
08-06 07:40 PM
If 3600 have been approved, then between 7200 and 9000 numbers have already been consumed based on an average of 2 or 2.5. Take your pick. We have only completed 4 business days in August. At this rate we'll blow through the 20,000 numbers in less than ten days. That means EB2 becomes U in Sept and it makes 2006 approvals look even more egregious.
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
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dilusa1
07-18 07:44 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
more...
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Redeye
04-10 10:58 AM
But look at this from Prashanthi Reddy.
http://www.reddyesq.com/GC.html#37
I am presently on H1-B and filed I-140 and I-485 under Exceptional Ability & National Interest Waiver category, I got EAD (I-765) approval also;, can I do any part time job by using EAD as well as maintaining my H1-B status?
Yes you can, as long as you continue to work for the employer that has sponsored you for the Green Card.
I want to solid answer if possible no gray area type answers. I am done with gray areas. After 6 years of wait last thing I want is gray area :) that is reason why I posted.
http://www.reddyesq.com/GC.html#37
I am presently on H1-B and filed I-140 and I-485 under Exceptional Ability & National Interest Waiver category, I got EAD (I-765) approval also;, can I do any part time job by using EAD as well as maintaining my H1-B status?
Yes you can, as long as you continue to work for the employer that has sponsored you for the Green Card.
I want to solid answer if possible no gray area type answers. I am done with gray areas. After 6 years of wait last thing I want is gray area :) that is reason why I posted.
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gc_coming
04-09 04:34 PM
Hi Gurus,
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
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smgms
07-01 10:21 AM
First of all thank you for your reply. Here is what happened with my case.
1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
2. This week I received an RFE email for my case, still waiting for the actual Mail.
3. Next day received the email "Document Sent to Applicant" for my wife's case.
I used AC21 to change the employers. Can you guys let me know.
1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
2. What do they mean by "document sent to applicant", which document are they talking about?
Thanks in advance for your help!!
1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
2. This week I received an RFE email for my case, still waiting for the actual Mail.
3. Next day received the email "Document Sent to Applicant" for my wife's case.
I used AC21 to change the employers. Can you guys let me know.
1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
2. What do they mean by "document sent to applicant", which document are they talking about?
Thanks in advance for your help!!
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wandmaker
09-17 11:13 PM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Take infopass, go with your welcome notice, get 551 stamp - it will allow you to travel until you get the physical card. Usually, 551 stamp is valid 1 year from the date of stamping.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Take infopass, go with your welcome notice, get 551 stamp - it will allow you to travel until you get the physical card. Usually, 551 stamp is valid 1 year from the date of stamping.
more...
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Rolling_Flood
09-24 01:14 AM
lazycis,
Thanks.
Was your answer regarding your case, or other case(s) that you may know about?
Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?
"Yes" to both questions.
Thanks.
Was your answer regarding your case, or other case(s) that you may know about?
Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?
"Yes" to both questions.
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looneytunezez
09-16 03:01 PM
I knew it was gonna happen, first it was horses, now its health....:(
"
<b>Health Care First Or Last</b>
Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "
Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)
"
<b>Health Care First Or Last</b>
Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "
Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)
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sands_14
10-17 02:30 PM
What is yr name if I may ask?
rmi
10-10 07:43 PM
July 2 filer. nsc->csc->nsc. No update since receipts on 9/14. No FP.
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10-29 06:04 PM
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