yganreddy
10-02 08:29 PM
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
Hi,
As per my knowledge you should always file G-28 if you changed your attorney if you filed one earlier. If there is any RFE they are the one who is going to receive.
Thanks
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
Hi,
As per my knowledge you should always file G-28 if you changed your attorney if you filed one earlier. If there is any RFE they are the one who is going to receive.
Thanks
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gc4arun
08-23 03:09 PM
Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
sjhugoose
January 6th, 2004, 12:48 PM
Thanks Scott! Do I understand correctly that you mean I could blend in an "unfiltered bird" over the "NeatImaged" one?
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
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rghrdr777
05-28 08:08 AM
I got my renewal EAD from TSC last week. It starts from the expiry of my current EAD.
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srinivas_o
08-25 09:46 AM
Bump
saxx
07-21 10:52 PM
I still don't think flash and silverlight are comparable, they'll be used for different things in the end anyways.
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vin13
12-08 05:00 PM
Just out of curiosity how is it that you got an approval in Sep 09 with your priority date?
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axp817
04-11 07:20 PM
got my 2yr EAD on Apr 1 and now a soft LUD on my 485 on 4/10.........and my date is nowhere close.....its feb 07....not sure whts going on.....I discussed it with an attorney in worse cum worse case I will be exploring the self employment clause onyou EAD......
Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD
regards
Saket
Saket,
It is very common to see soft LUDs on the 485/140 when your EAD/AP get approved, especially if the 485/140 and the EAD/AP were filed at the same service center.
And yes, an RFE is almost always accompanied by a status change/hard LUD, reason I say 'almost' is because of the recent issues with the TSC computer system.
If you end up going the self employment route, please do keep us posted, I am sure many here would like to understand how that works and possibly explore it themselves.
Good luck.
Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD
regards
Saket
Saket,
It is very common to see soft LUDs on the 485/140 when your EAD/AP get approved, especially if the 485/140 and the EAD/AP were filed at the same service center.
And yes, an RFE is almost always accompanied by a status change/hard LUD, reason I say 'almost' is because of the recent issues with the TSC computer system.
If you end up going the self employment route, please do keep us posted, I am sure many here would like to understand how that works and possibly explore it themselves.
Good luck.
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sanjeev_2004
05-26 03:21 PM
Previously India used to have 150,000 * 7 / 100 = 10500 visas every year. Now India will get 90,000 * 10 /100 = 9000 visas every year. Loss of visas to india because this new law will be 10500 - 9,000 = 1500.
It will increase the waiting for PDs to be currenct by 1500 * 100 / 105,00 = 100 / 7 % = 14.3%.
If remaining waiting of remianing qualified aplicant is 1 year then we will suffer 3 more months with our currect emploer and if it 2 years then we will suffer 6 more months with our currect employer only because of this new bill.
thanks.
It will increase the waiting for PDs to be currenct by 1500 * 100 / 105,00 = 100 / 7 % = 14.3%.
If remaining waiting of remianing qualified aplicant is 1 year then we will suffer 3 more months with our currect emploer and if it 2 years then we will suffer 6 more months with our currect employer only because of this new bill.
thanks.
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sukhyani
01-27 10:51 AM
Birth Certificate didnt have my name and my stupid lawyer had not submitted the employment letter. We then submitted my parents' affidavit, school records and employment letter.
Later on my case was transferred to National Benefits Center and now this interview.
Later on my case was transferred to National Benefits Center and now this interview.
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Refugee_New
08-02 02:41 PM
write letters to congressman and fill form for ombudsman.
You should get ur GC.
I already sent letters to 3 senators and 2 representatives? should i add more senators and representatives?
I did everything except sending letter to UK Prime minister?????????
You should get ur GC.
I already sent letters to 3 senators and 2 representatives? should i add more senators and representatives?
I did everything except sending letter to UK Prime minister?????????
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sk.aggarwal
08-15 11:10 AM
If this allows people to get EAD soon after getting approval for I140 I guess it should be good. Once a person gets EAD after 180 days he will be eligible to change employer. Also spouse will be able to work all the time we are waiting 5-7 years for PD to become current. Looks good to me.
I feel scenario that dates become accidentally current is quite rare. Am I missing something?
I feel scenario that dates become accidentally current is quite rare. Am I missing something?
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dante1271
08-26 12:58 PM
My H1B extension was filed just one day before my I-485 was sent to NSC last July. I was able to get 3 years extension ...my company paid for premium processing though... I think you should be ok with filing the extension. Talk to your lawyer...
:D
This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.
:D
This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.
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sukhmeet
05-14 08:37 PM
Thanks Ruben and others,
Yes the salary requirement is ok since i have greater than 60k anyway, what are other requirements as in our company 50% people are on h1b. Is having 50% as h1b with less than 20 employees is a problem now a days from extension point of view.
Thanks again for your reply.
Yes the salary requirement is ok since i have greater than 60k anyway, what are other requirements as in our company 50% people are on h1b. Is having 50% as h1b with less than 20 employees is a problem now a days from extension point of view.
Thanks again for your reply.
more...
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aniraj
07-31 11:42 PM
I-485 pending with PD June 07 & valid EAD
Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
Is this the same parole as I-131?
Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
Is this the same parole as I-131?
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raysaikat
03-06 05:47 PM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
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english_august
09-17 09:07 AM
All of you who are in DC today and tomorrow...please keep sending updates to either media_at_immigrationvoice.org or at legalimmi.dcrally_at_blogger.com.
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phantomias
10-27 02:57 AM
I have the same problem which zico described at below and I submitted my I-20 for an h1B amendment. It starts before my grace period time ends up.
My question is my amendment is still on pending process since September 17th. Will I be out of status if the school or I cancel my I-20 BEFORE the result of pending process of my H1B amendment?( Am I safe since I already passed October 1st?)
Second question is:Can I do an H1B transfer to another company in such a situation?
Thanks a lot for all help!!
My lawyer received my H1B approval in the mail yesterday. Online status said approved on 15th. But lawyer said that I will have to pick it up from India. Otherwise I'll have to file an amendment. I am guessing it is form I-797B (no I-94)
Anyone else in similar situation with any information?
Case:
* Regular quota (65k) Premium processing @ VSC
* Receipt date: April 9th (via email)
* Approved: April 15th (checked online status)
* Lawyer received mail approval on April 18th (US Postal Mail)
* Planning on taking Kaplan course from June - September which can be extended till Oct
My question is my amendment is still on pending process since September 17th. Will I be out of status if the school or I cancel my I-20 BEFORE the result of pending process of my H1B amendment?( Am I safe since I already passed October 1st?)
Second question is:Can I do an H1B transfer to another company in such a situation?
Thanks a lot for all help!!
My lawyer received my H1B approval in the mail yesterday. Online status said approved on 15th. But lawyer said that I will have to pick it up from India. Otherwise I'll have to file an amendment. I am guessing it is form I-797B (no I-94)
Anyone else in similar situation with any information?
Case:
* Regular quota (65k) Premium processing @ VSC
* Receipt date: April 9th (via email)
* Approved: April 15th (checked online status)
* Lawyer received mail approval on April 18th (US Postal Mail)
* Planning on taking Kaplan course from June - September which can be extended till Oct
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gc_chahiye
07-22 11:47 AM
Generally just filing an H1 extension is orthogonal to filng I-485. However in your case it looks like your I-94 has expired, so to prove your status your lawyer needs to include a copy of your H1 extension receipt
ujjvalkoul
08-21 10:39 AM
Can moderators setup Web Fax for this?
ola
06-13 01:34 PM
Is anyone actually coordinating this or are we simply wasting our time posting messages here?
