Monday, June 20, 2011

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  • GEEVER
    January 30th, 2008, 11:06 AM
    I've Just Started Photo Classes A Couple Of Months Ago...i Just Wanna Buy Something That I Can Afford Now Just To Get Used To The Idea...i Was Looking For Those Sony Cybershot... I Really Don't Know How They Work..but They're Cheap I Think, Then I Went To Nikon's And Saw More Powerful Cameras At 3times The Price Of A Cybershot..!!!! Would U Recommend A Sony? I'll Obviuosly Buy A Better One On Time, When I Get More Professional =)





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  • MYGCBY2010
    07-27 04:37 PM
    For getting the Copy of my Labor Certificate, Do I still need to submit the FOIA form to USCIS or should it be submitted to different department. Please advise.





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  • duncanidaho
    02-17 10:51 PM
    Stuk,
    You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
    In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
    So, be very very careful if you exercise AC21 prior to your 140 approval.

    The best alternative is to ask your new employer to file for premium H1b transfer.





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  • sam_hoosier
    06-22 04:47 PM
    Is this based on where my I-140 is filed ? If so, it will be Nebraska.



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  • VenuK
    06-15 01:20 PM
    hi,
    Can someone help me with the situation i'm in.
    I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
    query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
    X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
    first one was make an appeal with right documents. second one was to leave the country in 30
    days which i has NOT choosen obviously.
    In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
    APPROVAL on my H1-B Transfer with new company.
    I-94 that i have on my passport is with Old company(X) .

    Question is:
    I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
    when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
    Do i really need stamping to go out of US to visit my native country?

    Pls advise. Any answers would be appreciated





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  • sanjay
    07-31 04:59 PM
    Neither me nor my wife had US degree. Both went to Canada for stamping. myself in Ottawa and my wife in Toronto with in a gap of five months and had no problems what so ever. 7 of my friends also went to Canada for stamping but no issues with them also.

    I think Canada is more safer than going India.



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  • PlainSpeak
    01-13 10:06 AM
    I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far.
    Since you have a valid EAD you are good status vice. Of course you moving to EAD is letting go of the safety net of H1B but that is something you have no choice on. Make sure you apply for EAD extension excatly 120 days before the expiry of current EAD. Since you are EB2 2006 most probabaly you will only get 1 year EAD

    If I get laid off and my employer cancels the h1b, Am i out of status?
    If you get laid off because of cost cutting (and not because of performance) you might get some money form teh company depeneding on your number of years of service. You might also get extended medical coverage for your family fo rthe same rate which goes out of your paycheck currently for some time (CORBA rule). Employer will most probabaly cancel your H1B since total H1B count for each company is kept an eye on by USCIS. Cancelling of H1B will NOT make you out of status since you will automatically move to EAD. Best thing right now for you will be to not worry about layoffs but to start search for a new job .Remember on EAD a permenant open ended job is better than a contract job with a end date. If you have the option do NOt join a staffing firm.

    2) Can they cancel my approved i 140?
    Yes they can because a 140 shows a companies ability to pay and if they need to proceess new GC they wil have problem with existing 140 which tehy do not need to hold since candidate has left. Most probabaly in your companies case since they are in a bad situation financialy they might not cancle 140 because cancellation costs money too. In any case register your 140 on USCIS case status website and keep checking it everyday for any LUD's. If an LUD happens on your 140 and IF its because of company cancelling the 140 uSCIS will send you a NOID (Notice of Intent to Deny) which has a time limit of 30 days to reply. The reply will be that you have joined another compnay with similar job and ur AOS intent is satisfied. For that to happen you need to have another job if and when you get NOID. If no reply is made to teh NIOD then USCIS will cancle your 485 and tat would be bad for you

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
    See above ....

    Hope i was able to help you. I went through the same thing so if you need additonal clarification go ahead and ask me





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  • gc_maine2
    08-08 04:27 PM
    OK good another thread, now you have posted this info you can also close this thread.:)
    http://www.uscis.gov/files/pressrelease/FAQ3.pdf

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.



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  • gc007
    01-05 10:23 PM
    I have been on H4 since 2000. I once got an H1-B in the year 01, but did not get to work. Meanwhile my H4 got extended till now.

    With the recent changes of de-coupling H1 & H4.......

    My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?

    Appreciate any responses on this. Thanks





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  • looivy
    03-23 02:15 PM
    I recently spoke to one of the murhty attorneys about this and they mentioned that if the delay is because of company issues then you can travel back on AP but however if the delay is because of some security check then it is best to wait for it.

    How do I determine if it is due to company issues or security check?

    The consulate just sends standard reply and DOS does not disclose any information beyond status still pending.



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  • ThinkTwice
    07-11 05:14 PM
    Please join in guys......

    People who want to volunteer:

    Please PM Franklin or/and me your e-mail address and phone number so that we can share the phone list. There are 380 numbers to call. So if e'one takes 50
    we need seven members.





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  • continuedProgress
    06-29 02:24 PM
    Thanks logiclife for showing an option when I had given up!.
    I have an approved 140 and I can get a letter mentioning future employment from my previous employer. I understand that I cannot apply for EAD since I will not be working for them, however, what additional steps do I need to take to invoke 'AC21 portability'?. Since I am assuming my 485 will take more than 180 days.
    Thanks!
    A



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  • mirchiseth
    05-11 08:58 PM
    Amit's call starts at 13:00 minute of the program if you want to skip and listen directly to his message.





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  • Sunx_2004
    10-17 07:16 PM
    July 17th no receipt yet

    Just chill
    ;)

    My application was filed on 19th July .However I have not received my receipts yet. Has your friend contacted the USCIS and inquired since 90 days are over?

    Thanks,

    Kapil



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  • shivarajan
    03-31 03:22 AM
    case of identity theft?





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  • waiting4gc
    04-16 01:45 PM
    pros --
    - no state taxes
    - cheap housing (renting or buying)

    cons
    - (for me at least) Houston is terribly humid and hot
    - concrete jungle pretty much sums up the city. There is hardly any good public transportation in any texas city

    I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
    Drivers License,Commute to downtown, childcare etc.
    I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
    I have an approved i-140 and EAD and 180 days past on 485 filing.



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  • jthomas
    04-28 02:29 PM
    Thanks for the info.

    Are you presently working?

    J Thomas

    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)





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  • roseball
    03-29 04:15 PM
    How long the process took before filing? How much time for PWD alone?

    It took almost 6 months.....But typically it only requires around 3-4 months (considering PWD response in 1-2 weeks)....My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, though I am not aware of the exact dates as I was not involved in this whole process. I only came to know about it due to my frequent emails to my manager and attorney asking for status..:-)......Mine is a large corporation (400k+ employees) so things move really slow process wise....I felt from start to filing of PERM, it should take about 4 months max...But it really depends on the number of resumes received and the time taken to screen them....If candidates are found who have to be interviewed, it could take a little more time....





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  • thomachan72
    01-10 06:15 AM
    Hello All
    Similar experience at Mumbai Consulate. Being a full time employee, and after showing all paystubs, employment letter , VO was not satisfied. 1/2 of the time , he was under impression that I was still working for a company, whose visa was stamped in 2008. :)

    Another reason of frustration is they did not check all the documents I sent , which were mentioned in the green slip. Inspite of sending Research Document, I had got the reply saying that I did not send the Past, Current and Future Research Statement. So I resubmitted all the documents again on Dec 23rd,2010 . also added I am not working on any research topic presently or in near future . After that I did not hear back from consulate. So that means my case has been under processing?

    Did anyone get the receipt of documents submission in response to Green Slip?

    Please let me know

    Thanks and Good LUCK

    DResearch statement? Have never heard about that one! Are you a postdoctoral research fellow?





    aray
    09-16 02:48 PM
    There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.

    There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.

    surabhi,
    At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?

    I am planning to travel to India in December on AP. I recently changed jobs.

    Thanks in advance.





    johnnybhai
    03-19 10:09 AM
    For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
    I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.

    Thanks!



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