camarasa
07-23 11:26 PM
Take alternative opnion from good Attorney and take a chance.
"Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.
"Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.
desi3933
03-02 10:17 AM
The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents
Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.
By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).
Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)
____________________
Not a legal advice
US citizen of Indian origin
Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.
By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).
Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)
____________________
Not a legal advice
US citizen of Indian origin
kumar1
05-22 08:29 AM
Very few people know that there are categories like EB3-I and EB2-I.
I am kind of glad that I am in EB-3 India. At least my hope never goes up.
I am kind of glad that I am in EB-3 India. At least my hope never goes up.
cooldude0807
10-04 09:29 AM
Hi Guys, I would like to be a part of the AL state chapter. I live in Mobile.
thanx
thanx
more...
h1bemployee
06-23 05:47 PM
if I apply for a new H1 transfer , can I start working after getting the receipt?
go_getter007
08-13 12:20 PM
If what you've heard is true, it's quite funny - illegal American "aliens" in India. :D
GG_007
Have heard of US citizens in India who are having problems getting work visa. And are getting paid in cash! Seems like the number of illegal US citizen aliens in India may be going up over the next ten years....
GG_007
Have heard of US citizens in India who are having problems getting work visa. And are getting paid in cash! Seems like the number of illegal US citizen aliens in India may be going up over the next ten years....
more...
amitk81
09-19 04:48 PM
Here is my 2 cents.
Had an interview in US consulate in Mumbai late August.
Was asked just one question and the visa officer on counter-3 started talking with my wife about her life and our kid! they went on talking for 5-7 mins completely neglecting me or asking me a single question after the initial question.
After about 10 min she told my wife that you have been granted visa, we got our passports from VFS next day!
What I inferred from the conversation is that it is sometimes better to be the observer and not interfere :)
Don't worry you will receive your passport, but please remember next time don't speak until your are asked a question especially when there is a visa officer involved!
Amit
Had an interview in US consulate in Mumbai late August.
Was asked just one question and the visa officer on counter-3 started talking with my wife about her life and our kid! they went on talking for 5-7 mins completely neglecting me or asking me a single question after the initial question.
After about 10 min she told my wife that you have been granted visa, we got our passports from VFS next day!
What I inferred from the conversation is that it is sometimes better to be the observer and not interfere :)
Don't worry you will receive your passport, but please remember next time don't speak until your are asked a question especially when there is a visa officer involved!
Amit
DSLStart
09-16 02:33 PM
I had bad experience entering recently on AP. Not for AC 21. But the secondary inspection officer gave me hard time over showing proof for emergency of travel. So just to be on safe side, be prepared for it.
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
more...
paragpujara
12-21 07:46 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
irrational
04-04 11:33 AM
Folks,
Here is some update. Hopefully, someone might find this useful.
Today (4/4/2008) I took an InfoPass appointment in Dallas:
The lady at the window said, the case is in TSC and that particular office(Local Office???) has not recieved the file yet. So she asked me to write a letter to TSC.
I thought I would call the TSC first and see if I can get a quicker response:
I called the TSC using the key combo (Thanks guys)
The agent was helpful:
- The Notice which was returned was the Reciept Notices..It seems those will not be resent, so I should not worry about it.
- My Wife's address was still wrong on the file, I recorrected it. This is after I got a confirmation in the mail :confused: :( -- Is there anyway we/Lawyer can confirm it ?
- Our Finger Print Notices are initiated but not yet scheduled by the local ASC. We'll get notices once the FPs are scheduled (What does this mean???)
Key Combo used:
1-800-375-5283
1 -> 2 -> 2 -> 6 -> 1 .. Application Number .. 1 -> 1 -> 3 -> 4
If the message something like, "No agents are available at TSC.. trasfering to NSC" hangup and try again.
Hope this helps someone else too.
Here is some update. Hopefully, someone might find this useful.
Today (4/4/2008) I took an InfoPass appointment in Dallas:
The lady at the window said, the case is in TSC and that particular office(Local Office???) has not recieved the file yet. So she asked me to write a letter to TSC.
I thought I would call the TSC first and see if I can get a quicker response:
I called the TSC using the key combo (Thanks guys)
The agent was helpful:
- The Notice which was returned was the Reciept Notices..It seems those will not be resent, so I should not worry about it.
- My Wife's address was still wrong on the file, I recorrected it. This is after I got a confirmation in the mail :confused: :( -- Is there anyway we/Lawyer can confirm it ?
- Our Finger Print Notices are initiated but not yet scheduled by the local ASC. We'll get notices once the FPs are scheduled (What does this mean???)
Key Combo used:
1-800-375-5283
1 -> 2 -> 2 -> 6 -> 1 .. Application Number .. 1 -> 1 -> 3 -> 4
If the message something like, "No agents are available at TSC.. trasfering to NSC" hangup and try again.
Hope this helps someone else too.
more...
pom
10-13 08:30 AM
:P :P :P
perm2gc
07-17 06:55 PM
Friends. you have today witnessed what our collective strength can do and it is time that we spread a word about immigration voice and encourage your friends and families to join as a gratitude to IV .Please don't forget that the root cause of the problems still exist and we have to achieve it.
more...
H1bslave
06-27 02:28 PM
You should be perfectly fine as your joining date is 11/27. The first payday could take more than 30 days in many organizations and its a common practice.
For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.
For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.
I run payroll for my company and can provide insight, PM me if you have more questions.
Take it easy & Enjoy your weekend :D
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.
For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.
I run payroll for my company and can provide insight, PM me if you have more questions.
Take it easy & Enjoy your weekend :D
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
spicy_guy
09-15 01:27 PM
If you have not been happy with your employer, kick your employer's butt! :D
more...
GCWhru
05-28 01:35 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
I think you are fine having a Dec 2006 priority date, you can take a risk, probability of getting approval is less than 1%.
One of my friend with Sep 2003 PD, getting married on August and he is taking risk and praying God that his GC should not get approved before his marriage.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
I think you are fine having a Dec 2006 priority date, you can take a risk, probability of getting approval is less than 1%.
One of my friend with Sep 2003 PD, getting married on August and he is taking risk and praying God that his GC should not get approved before his marriage.
scott
July 27th, 2005, 05:12 PM
Ok Gary..this is my interpretation.
This is what I did:
In the RAW window :
Freddy, you lose points for not cloning out the dark spot on the bloom!
This is what I did:
In the RAW window :
Freddy, you lose points for not cloning out the dark spot on the bloom!
more...
raju_abc
07-22 11:45 AM
Hi Thanks for your inputs.
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
manderson
04-23 08:50 AM
DOL (Department of Labor) will give ur company a tracking/receipt number. ask ur company to check the status of the case using that number from DOL website.
hope that helps
hope that helps
MrWaitingGC
07-04 10:17 PM
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
In General there is a big need of Talents in US, so If you go now I dont think they will dig details in your case. According to my recent study (As I went for stamping in April)they are just checking W2s or recent Pay stubs. So you should be fine.
Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
Good Luck.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
In General there is a big need of Talents in US, so If you go now I dont think they will dig details in your case. According to my recent study (As I went for stamping in April)they are just checking W2s or recent Pay stubs. So you should be fine.
Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
Good Luck.
Prashanthi
09-08 03:36 PM
My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
I would still file, as long as everything has been done properly, so that in case of an audit a proper response can be given. IT jobs usually have special requirements for the job, they require a combination of hardware and software skills for the job. The employer might receive several resumes, the question is if any of them qualify for the job. If you recieve qualified resumes you obviously cannot proceed. I have noticed even in this market that it is still difficult to find candidates who have a certain combination of skill sets, especially if several years of experience is required in the use of these skills. If this is a non-IT job then obviously the job has to be evaluated and the resumes have to be evaluated to see if their are any special requirements and if the applicants qualify.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
I would still file, as long as everything has been done properly, so that in case of an audit a proper response can be given. IT jobs usually have special requirements for the job, they require a combination of hardware and software skills for the job. The employer might receive several resumes, the question is if any of them qualify for the job. If you recieve qualified resumes you obviously cannot proceed. I have noticed even in this market that it is still difficult to find candidates who have a certain combination of skill sets, especially if several years of experience is required in the use of these skills. If this is a non-IT job then obviously the job has to be evaluated and the resumes have to be evaluated to see if their are any special requirements and if the applicants qualify.
CatsintheCraddle
05-04 03:31 PM
Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif
I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.
We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.
I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.
We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.
