harlyharly
06-25 06:12 PM
Any updates on the RFE? wish you have solved problem. Realy want to hear about it cause I am in the same hot water now.
Friends,
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
Friends,
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
wallpaper 1920x1440 Wallpaper - Viata
wandmaker
02-25 01:34 AM
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
Thanks a lot for your time. I appreciate your help in this regard.
File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
Thanks a lot for your time. I appreciate your help in this regard.
File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.
gc_chahiye
11-27 06:32 PM
USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
Give us all GCs? Nice idea, now meet reality:
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html
Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.
It would also save about $350 million.
The response? No thanks.
Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .
USCIS as well as immigration attorneys LOVE retrogression, backlogs, constant renewals...
3 year EAD is a possiblity. Someone even mentioned that this was discussed in the last meeting with AILA. As NeedHelp! has mentioned in an earlier post as long as they charge 3x the fees, it simply reduces pain for them (& for us).
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
Give us all GCs? Nice idea, now meet reality:
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html
Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.
It would also save about $350 million.
The response? No thanks.
Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .
USCIS as well as immigration attorneys LOVE retrogression, backlogs, constant renewals...
3 year EAD is a possiblity. Someone even mentioned that this was discussed in the last meeting with AILA. As NeedHelp! has mentioned in an earlier post as long as they charge 3x the fees, it simply reduces pain for them (& for us).
2011 40 Amazing Nature Wallpapers
uma001
11-05 02:02 PM
Hey found this archive of visa bulletins, if you go through one by one, then that should answer your question.
http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
(From April 2002 to Nov 2008)
And then for still older ones,
(1995 to 2001)
http://dosfan.lib.uic.edu/ERC/visa_bulletin/
Are you trying to look for a pattern to find out when it will be current again ?
Yes, Trying to figure out the pattern,. Thanks for the archives
http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
(From April 2002 to Nov 2008)
And then for still older ones,
(1995 to 2001)
http://dosfan.lib.uic.edu/ERC/visa_bulletin/
Are you trying to look for a pattern to find out when it will be current again ?
Yes, Trying to figure out the pattern,. Thanks for the archives
more...
Macaca
02-08 09:28 AM
Can L1A/B apply for GC? Any differences in GC process for L1A/B? Thanks.
p7810456
06-18 06:59 PM
Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...
well.. i guess try your best. the cause here is worth 70 mile trip, if need be. take the trips.. most probably you would need to do only one blood work.. so go for it.
Meanwhile, don't forget to Buckle up and Drive safe :)
well.. i guess try your best. the cause here is worth 70 mile trip, if need be. take the trips.. most probably you would need to do only one blood work.. so go for it.
Meanwhile, don't forget to Buckle up and Drive safe :)
more...
lostinbeta
11-17 03:29 PM
No more votes?
If not, this poll is going to close pretty early :-\
If not, this poll is going to close pretty early :-\
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yingli
08-25 02:57 PM
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
more...
bpratap
02-04 03:36 PM
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
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MDix
02-04 09:07 AM
Gc_On_Demand,
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
more...
hoolahoous
01-14 10:34 AM
i also find it disturbing that USCIS is trying to define its own definition of employer-employee relationship. As long as a company pays a person, that person is employee. They have no right to demand that there needs to be immediate supervisor from same company onsite or that company needs to provide the itinerary for employee.
I know job market is bad, but hunting down H1b's is not going to make it better.
I know job market is bad, but hunting down H1b's is not going to make it better.
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fatjoe
10-06 05:35 PM
Could you please tell me the reason you mentioed for "Description of your problem".
Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
more...
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vallabhu
08-08 10:15 AM
When did you file I-140 at TX? RFE could be for documents about ability to pay.
Feb 8th 2007.
Feb 8th 2007.
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desi3933
03-05 12:24 PM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?
more...
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imh1b
02-25 10:47 AM
Guys,
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
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lbk
08-02 07:47 PM
I got I-140 Notice returned as undeliverable.
I got email notification on June 26 as approved and we will mail it to you.
After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.
I have a question the letter attorny got is pdf file or original by mail(post).
Who will get the I -140 aaproval original letter?
I got email notification on June 26 as approved and we will mail it to you.
After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.
I have a question the letter attorny got is pdf file or original by mail(post).
Who will get the I -140 aaproval original letter?
more...
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greencard2008
06-11 09:14 PM
I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:
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gc_on_demand
02-04 09:55 AM
Gc_On_Demand,
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
I see 30 -40 k spill over this year but if my above post is true. DOS will not give any visas from spill to EB2 ROW or Eb1 once quarter is done. Otherwise spill over visas reduces as times passes and Eb2 Row and Eb1 gets more and more visas. I am waiting for DOL reports for past 2 months but they haven't post anything yet. That can clarify things lot.
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
I see 30 -40 k spill over this year but if my above post is true. DOS will not give any visas from spill to EB2 ROW or Eb1 once quarter is done. Otherwise spill over visas reduces as times passes and Eb2 Row and Eb1 gets more and more visas. I am waiting for DOL reports for past 2 months but they haven't post anything yet. That can clarify things lot.
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gg_ny
06-30 04:39 PM
Thanks, Sanju. I was wondering where to ask for assurance; looks like you have found a place. I too need some help: last time my fingerprint check took almost 8 months (!) and I gave one set of them again today. Can somebody assure me that they will comeback before the dates become U again. I am soon writing to Murthy, Oh, Schusterman and Ombudsman too. Thanks for the empathy - whoever responds..
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
iad2ead
10-25 09:13 PM
Gurus,
I have EAD and FP done. Got receipts but no sign of getting AP.
Is this common? Many friends who filed during the same time as me got
it. I filed w/TSC.
thanks for all the help
iad
I have EAD and FP done. Got receipts but no sign of getting AP.
Is this common? Many friends who filed during the same time as me got
it. I filed w/TSC.
thanks for all the help
iad
humdesi
12-21 08:30 PM
If you were born in India, EB-2 or EB-3 doesn't matter.
Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.
Good luck!
Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.
Good luck!
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