tampacoolie
07-09 12:46 PM
Upgraded to PP on 06/27 and received RFE on 07/06 ability to pay.
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needhelp!
05-21 07:52 PM
Very good post and the answer is in the last part:
"the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."
I am not sure what what "renew 485" means though.
"the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."
I am not sure what what "renew 485" means though.
manishcp
09-21 07:00 PM
Thanks for information.
Manish
Manish
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aj1234567
10-04 06:29 PM
Hi Gurus-
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
more...
roseball
02-28 04:33 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
GCBy3000
11-09 02:44 PM
I moved from location A to location B within the same state with same employer. My legal consulting with company attorney is as below.
1. Yes, you can move to different location. But you have to move back to the original location once you get GC. How long you have to work at the original location is a grey area. My attorney said anywhere between 6months to one year will do.
2. If your employer is not willing to relocate you to the original location, you HAVE TO start your LC process again in the new location. Even before my labor approved from location A, I moved to location B. Since my company is good, they agreed to file 140 for location A just for me to keep the PD. Now my location B 140 is filed.
3. With the new perm process, there is no provision to state that a employee will work in multiple location. This is what I have heard from my attorney.
4. When I asked him what will happen if I dont move back to location A and continue working in location B, he said I will get into trouble when I to for interview for my citizenship. Until then, it should be fine. Only case it will be a probelm when a query is put to the employer and he does not backs you up. Of couse, no one should lie and I dont want my employer to lie for me.
Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.
Thanks for all the inputs
1. Yes, you can move to different location. But you have to move back to the original location once you get GC. How long you have to work at the original location is a grey area. My attorney said anywhere between 6months to one year will do.
2. If your employer is not willing to relocate you to the original location, you HAVE TO start your LC process again in the new location. Even before my labor approved from location A, I moved to location B. Since my company is good, they agreed to file 140 for location A just for me to keep the PD. Now my location B 140 is filed.
3. With the new perm process, there is no provision to state that a employee will work in multiple location. This is what I have heard from my attorney.
4. When I asked him what will happen if I dont move back to location A and continue working in location B, he said I will get into trouble when I to for interview for my citizenship. Until then, it should be fine. Only case it will be a probelm when a query is put to the employer and he does not backs you up. Of couse, no one should lie and I dont want my employer to lie for me.
Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.
Thanks for all the inputs
more...
yabadaba
06-22 09:40 AM
My colleague told me that he took only chest X-ray and not done skin test he got his GC.
hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!
hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!
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Canadian_Dream
09-19 07:26 PM
Can this question be taken for next conference call ? I have seen numerous people looking for answer to this question becasue the underlying law (AC21)pertaining to this issue is very vague. It has not been answered in any previous conference calls.
============================
What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?
In summary:
Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
If yes:
What happens to the H1B if I-140 is revoked ?
If No:
Any law/precends supporting the conclusion ?
================================
============================
What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?
In summary:
Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
If yes:
What happens to the H1B if I-140 is revoked ?
If No:
Any law/precends supporting the conclusion ?
================================
more...
Pagal
09-27 12:04 PM
Hello,
I think you are fine to do day trading on any visa type.
Just because you conduct multiple transactions per day does not legally imply that you are paying any less attention to your regular job.
If you are called for an AOS interview, a curious IO may ask how did you manage both, but you can always show that you did your job well by providing copies of your performance evaluations and/or letters from your supervisors/HR.
In summary, good luck w day trading! Do donate part of the profits to IV... :)
I think you are fine to do day trading on any visa type.
Just because you conduct multiple transactions per day does not legally imply that you are paying any less attention to your regular job.
If you are called for an AOS interview, a curious IO may ask how did you manage both, but you can always show that you did your job well by providing copies of your performance evaluations and/or letters from your supervisors/HR.
In summary, good luck w day trading! Do donate part of the profits to IV... :)
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brain_implosion
12-13 10:05 PM
HAs anyone used CC after primary 485 filed? I got married this year, spouse from non retrogressed country, but 485 filed in July 07. Does any one have exp with this?
more...
cygent
11-12 06:33 PM
Is that even if I-140 is not approved (pending), after I-485 is pending for 180 days, one can change jobs using the EAD?
http://www.visalaw.com/05may4/2may405.html
Read about the AC21 analysis - You can change with either H1 or EAD. You can also do so before 180 days, but not without some risk (case by case basis).
http://www.visalaw.com/05may4/2may405.html
Read about the AC21 analysis - You can change with either H1 or EAD. You can also do so before 180 days, but not without some risk (case by case basis).
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hopefulgc
05-12 11:10 PM
newuser,
If you are ever in florida.. jacksonville area... give me a shout.
For this kinda support, i totally owe you a drink at buffalo wild wings.
I am in for it. I am ready to put 2K if members are going to come forward
If you are ever in florida.. jacksonville area... give me a shout.
For this kinda support, i totally owe you a drink at buffalo wild wings.
I am in for it. I am ready to put 2K if members are going to come forward
more...
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ChainReaction
02-15 09:06 AM
How about requesting a $1donation when a non-contributing member ask a question, or $5 dollars for ten posts.It is not much but will definitely bring some revenue.
We can have a forum like member only access...where the question can only be posted by payed members or by people who pay a small donation? The idea is that the amount requested is not much ,which anyone can afford, but the number of questions people ask on our forum will definitely generate some revenue.
We can start a volunteer thread as a pilot program to see what kind of response we get...what do Core and rest of the member think of it?
We can have a forum like member only access...where the question can only be posted by payed members or by people who pay a small donation? The idea is that the amount requested is not much ,which anyone can afford, but the number of questions people ask on our forum will definitely generate some revenue.
We can start a volunteer thread as a pilot program to see what kind of response we get...what do Core and rest of the member think of it?
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AfghanPremi
12-08 12:24 AM
Yes!
You will be fine, i am on H1 and doing my MS part time!!
You will be fine, i am on H1 and doing my MS part time!!
more...
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immigrationvoice1
12-09 10:00 PM
I know many people who're going for part-time MBA, including myself. A good way of making best out of a stagnant career phase while waiting for GC.
Please post the URL of the school you are attending.
Thanks,
Please post the URL of the school you are attending.
Thanks,
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krishmunn
01-05 12:55 PM
They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.
As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .
As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .
more...
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logiclife
02-23 11:28 AM
Hi,
Thanks for all the questions.
I will answer as much as possible without causing any damage to ongoing efforts. Please keep
in mind that not everything can be disclosed on public forums.
1. Funds:
We have about 30,000 collected so far. Major expense of running this organization is the fees for our lobbying firm QGA. Minor expenses include administrative costs such as website registration(one time), Organization registration in New Jersey(one time) etc. Other than that, we also have some advertising expenses as we put up ads on some popular websites. Sometimes we have to hire lawyers for certain org activities but those are minor expenses again. We are also paying for the webfax feature but not sure how much. Please dont suggest the free versions of webfax because they dont work and they DID NOT WORK during S 1932.
Please keep in mind that we are avoiding expenses as much as we can that results from members travelling to DC and so far all those expenses have been out of pocket.
QGA is currently working for us right now and we do not have to wait until we have 200K in the bank for QGA to start working.
The board members of IV(Board of directors) would decide if all the financial information could be made public to members on website for accountability reasons and transparency reasons without damaging anything else.
2. Labor backlogs:
Labor backlog problem is an administrative problem, not a legislative problem. There is nothing that is stopping the BECs from doing their job more efficiently as there is no quota restriction mandated by law on labors approved each year. That is the reason it is under "Administrative Goals". Would any law help improve labor backlogs? No. can we still involve congress in it? Yes. It is the intention of IV to draw the attention of lawmakers to the horrible job BECs have done so far as it is the constitutional right and privilege of congress to overlook and oversee the job of the executive.
However, if a backlog victims asks: How much of money/effort is going towards backlog and how much is going towards retrogression? I dont think anyone can answer that question. To be frank with you, this is not like cable TV where you pay $35 for basic cable and then you pay $7 for HBO and $7 more for cinemax etc. IF you think you do not want to contribute money no matter what...here is another choice: Use the resources tab to contact your local congressmen, write letters, send webfaxes etc. Use endorsement of Richard Florida. Prepare a glossy set of documents and drive to your local congressman's office(after appointment ofcourse) and talk to their staff. YOU HAVE THE POWER. ITS IN YOUR HANDS. Immigration voice is not a company providing a service to EB immigrants, its made up of EB immigrants who are serving themselves. See the "TEAM IV" menu on homepage.
[B]3. Sharp drop in contributions:
Yes, there has been a drop in contributions since one week. Part of the reason is that we have 30K which many members may feel is still in the bank. But please understand that we are using those funds and we will run out of them eventually and we would like to keep this effort ongoing until we meet our goals. Quite frankly if the current slowness of funds continue, we cannot last very long.
4. Contacting the lawmakers on your own:
Use all the links under resources tab to learn how to meet your lawmakers. Like I've said before, you owe it to yourself, not to immigration voice to work on this cause. Best case scenario of doing something: We make a difference. Worst case scenario: Nothing happens besides a polite reply from lawmakers' staff.
Thanks for all the questions.
I will answer as much as possible without causing any damage to ongoing efforts. Please keep
in mind that not everything can be disclosed on public forums.
1. Funds:
We have about 30,000 collected so far. Major expense of running this organization is the fees for our lobbying firm QGA. Minor expenses include administrative costs such as website registration(one time), Organization registration in New Jersey(one time) etc. Other than that, we also have some advertising expenses as we put up ads on some popular websites. Sometimes we have to hire lawyers for certain org activities but those are minor expenses again. We are also paying for the webfax feature but not sure how much. Please dont suggest the free versions of webfax because they dont work and they DID NOT WORK during S 1932.
Please keep in mind that we are avoiding expenses as much as we can that results from members travelling to DC and so far all those expenses have been out of pocket.
QGA is currently working for us right now and we do not have to wait until we have 200K in the bank for QGA to start working.
The board members of IV(Board of directors) would decide if all the financial information could be made public to members on website for accountability reasons and transparency reasons without damaging anything else.
2. Labor backlogs:
Labor backlog problem is an administrative problem, not a legislative problem. There is nothing that is stopping the BECs from doing their job more efficiently as there is no quota restriction mandated by law on labors approved each year. That is the reason it is under "Administrative Goals". Would any law help improve labor backlogs? No. can we still involve congress in it? Yes. It is the intention of IV to draw the attention of lawmakers to the horrible job BECs have done so far as it is the constitutional right and privilege of congress to overlook and oversee the job of the executive.
However, if a backlog victims asks: How much of money/effort is going towards backlog and how much is going towards retrogression? I dont think anyone can answer that question. To be frank with you, this is not like cable TV where you pay $35 for basic cable and then you pay $7 for HBO and $7 more for cinemax etc. IF you think you do not want to contribute money no matter what...here is another choice: Use the resources tab to contact your local congressmen, write letters, send webfaxes etc. Use endorsement of Richard Florida. Prepare a glossy set of documents and drive to your local congressman's office(after appointment ofcourse) and talk to their staff. YOU HAVE THE POWER. ITS IN YOUR HANDS. Immigration voice is not a company providing a service to EB immigrants, its made up of EB immigrants who are serving themselves. See the "TEAM IV" menu on homepage.
[B]3. Sharp drop in contributions:
Yes, there has been a drop in contributions since one week. Part of the reason is that we have 30K which many members may feel is still in the bank. But please understand that we are using those funds and we will run out of them eventually and we would like to keep this effort ongoing until we meet our goals. Quite frankly if the current slowness of funds continue, we cannot last very long.
4. Contacting the lawmakers on your own:
Use all the links under resources tab to learn how to meet your lawmakers. Like I've said before, you owe it to yourself, not to immigration voice to work on this cause. Best case scenario of doing something: We make a difference. Worst case scenario: Nothing happens besides a polite reply from lawmakers' staff.
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arunmohan
05-07 02:39 PM
Yes I have same questions as coolduggar asked. I know lots of people are using AC21 right now and I am on same boat too.
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pawnrule
01-15 01:00 PM
Hi,
I am in a similair situation where I have a US masters degress and 6+ years experience here. It seems like a complete waste of time to take the IELTS, after going through TOEFL and GRE to get admitted to a US university.
In any case, I plan on taking the test. I have a couple of questions regarding the test.
1. Which module should we take. Academic or General Training. It appears General Training is appropriate for immigration.
2. The scores have to be sent to a person and institution. Is this just the Buffalo office with the case number? Do we have to address it to a specific officer?
Thanks in advance for any responses.
I am in a similair situation where I have a US masters degress and 6+ years experience here. It seems like a complete waste of time to take the IELTS, after going through TOEFL and GRE to get admitted to a US university.
In any case, I plan on taking the test. I have a couple of questions regarding the test.
1. Which module should we take. Academic or General Training. It appears General Training is appropriate for immigration.
2. The scores have to be sent to a person and institution. Is this just the Buffalo office with the case number? Do we have to address it to a specific officer?
Thanks in advance for any responses.
canmt
10-19 01:25 PM
The guideline issued by the Director of USCIS to field officers to interpret AC 21 does not take into consideration the geographic location of the new employer.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
anindya1234
07-17 10:13 PM
Need some views on this
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