gxr
10-15 10:41 AM
Folks - My (EB3) I140 got approved.
RD - Oct 7, 2006
Service Inquiry - Sept 18, 2007
Approval Date: Oct 15, 2007
RD - Oct 7, 2006
Service Inquiry - Sept 18, 2007
Approval Date: Oct 15, 2007
sabr
09-19 03:17 PM
Quick Q:
Lets say my H1b renewal is pending..while its pending I used EAD for a diff company than my sponsoring company( I will be with my Sponsoring company but in bench). Then my H1b gets approved. Can I still work with a diff company till I choose to go out to stamp for H1b and once am in US i can start working for my sponsoring company again?
Lets say my H1b renewal is pending..while its pending I used EAD for a diff company than my sponsoring company( I will be with my Sponsoring company but in bench). Then my H1b gets approved. Can I still work with a diff company till I choose to go out to stamp for H1b and once am in US i can start working for my sponsoring company again?
H1B-GC
07-15 04:49 PM
you can say that.USCIS processes the case Erratically . No Logic . No FIFO. Its just like playing the French Roulette. Sad but True.
psk79
10-15 04:01 PM
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
more...
ksircar
02-15 10:05 AM
I like the idea. But, when I had raised a similar issue before, some member called it "like begging at Indian Temples".
I know we Indians are very happy as long as something is free, but get very upset when some contribution is asked for the service.
I know we Indians are very happy as long as something is free, but get very upset when some contribution is asked for the service.
cptbaseball
05-14 02:26 PM
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
more...
iman.karta
11-07 11:30 AM
Letstalklc,
Thanks! Good luck with yours too.
No, my application is not filed by Fragoman.
Apparently, there are some fellow in my law firms, who got audited before September 2007 (mine is November 2007), and they havent been approved. So apparently, it is more random than FIFO.
It really sucks.
Thanks! Good luck with yours too.
No, my application is not filed by Fragoman.
Apparently, there are some fellow in my law firms, who got audited before September 2007 (mine is November 2007), and they havent been approved. So apparently, it is more random than FIFO.
It really sucks.
ita
01-23 01:26 PM
Thank you very much for all the replies.
Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?
Thank you.
Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?
Thank you.
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mpadapa
10-09 12:56 PM
Please provide additional details regarding U'r labor like EB1/2/3
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
Ramba
12-23 04:11 PM
If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?
No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.
No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.
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WeShallOvercome
11-08 01:48 PM
I beg to differ - while your general premise is accurate, I know of at least half a dozen people who filed 485 in June 2007 and got appproved over the last two weeks from TX Service Center - I dont think Aug 2006 is a hard date - like many other things with USCIS - they have an irrational passion for NOT applying the FIFO principle and we are expected to digest this irrational passion of theirs with dispassionate rationality.
you are right... Almost everyone who has dealt with USCIS even once in his/her life time, knows that USCIS is the most unpredictable agency in the world...I was just explaining what the dates are 'supposed to mean' according to the rules.
We all know how religiously USCIS follows its own rules.
you are right... Almost everyone who has dealt with USCIS even once in his/her life time, knows that USCIS is the most unpredictable agency in the world...I was just explaining what the dates are 'supposed to mean' according to the rules.
We all know how religiously USCIS follows its own rules.
ab2k7
07-17 04:28 AM
Thanks desi3933,
The article here from Murthy specifies the solution in a different way and doesn't mention the need of filing LC or 140 again if the LC was properly filed as roving employee. Will have to confirm with attorney. Hope this would help ppl in similar situations.
http://www.murthy.com/news/n_svcupd.html
I-485 Filing for Roving Employees
�MurthyDotCom
The USCIS indicated that, if a roving employee's I-140 petition is filed with Service Center A where the company is headquartered, but the employee moves to Service Center B's jurisdiction before the I-485 is filed, the employee may file the I-485 with either Service Center A or Service Center B. The USCIS also noted, however, that if the I-140 petition is filed at Service Center A, and then the I-485 is filed with Service Center B, the I-485 must be held until the I-140 is adjudicated. It is not clear if this means no action will be taken or if it simply cannot be approved until the I-140 petition is adjudicated. Roving employees are those who do not have fixed work sites, but can be moved from location to location, depending upon the needs of the employer. This is common with IT contractors. The safer approach would be to file the I-140 petition and the I-485 application in the same Service Center to avoid additional delays or the need to transfer the file from one Service Center to another.
In this instance when ever a consultant or "roving employee" moves to another city/state an LCA amendment is to be filed to accomodate USCIS rules. Whether this would have any adverse effect on LC/140/485 as far as refiling/ RFEs later is still not clear. I'll keep looking around for more credible info regarding the same. Pls point out of you guys know of any.
Thanks again in advance.
The article here from Murthy specifies the solution in a different way and doesn't mention the need of filing LC or 140 again if the LC was properly filed as roving employee. Will have to confirm with attorney. Hope this would help ppl in similar situations.
http://www.murthy.com/news/n_svcupd.html
I-485 Filing for Roving Employees
�MurthyDotCom
The USCIS indicated that, if a roving employee's I-140 petition is filed with Service Center A where the company is headquartered, but the employee moves to Service Center B's jurisdiction before the I-485 is filed, the employee may file the I-485 with either Service Center A or Service Center B. The USCIS also noted, however, that if the I-140 petition is filed at Service Center A, and then the I-485 is filed with Service Center B, the I-485 must be held until the I-140 is adjudicated. It is not clear if this means no action will be taken or if it simply cannot be approved until the I-140 petition is adjudicated. Roving employees are those who do not have fixed work sites, but can be moved from location to location, depending upon the needs of the employer. This is common with IT contractors. The safer approach would be to file the I-140 petition and the I-485 application in the same Service Center to avoid additional delays or the need to transfer the file from one Service Center to another.
In this instance when ever a consultant or "roving employee" moves to another city/state an LCA amendment is to be filed to accomodate USCIS rules. Whether this would have any adverse effect on LC/140/485 as far as refiling/ RFEs later is still not clear. I'll keep looking around for more credible info regarding the same. Pls point out of you guys know of any.
Thanks again in advance.
more...
bbenhill
01-12 01:03 PM
Its' very depressing state, I really feel bad about current state of affairs of economy...
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
TeddyKoochu
01-06 03:41 PM
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
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voldemar
03-20 12:09 PM
I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw itEmployer can withdraw I-140 anytime. Don't be confused with AC21 wording - I-140 remains valid if it was approved and I-485 is pending for more than 180 days, even if I-140 has been withdrawn by employer.
solaris27
10-02 11:16 AM
Yes it will be Pending Adjustment for all of you if you use EAD .
But as backup and if not required just be on H1B visa and do job for same company again if possible .
or if you are changing company file H1B extension as backup.
But as backup and if not required just be on H1B visa and do job for same company again if possible .
or if you are changing company file H1B extension as backup.
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gaz
08-13 03:34 PM
oh - no disrespect to vdlrao - we're looking forward to more posts from him.
even if some of his predictions are off target, its many more than us mere mortals who cannot even predict (or analyse) this chakravyu of GC bulletins..
:)
Come on guys, give him a break.
His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.
We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.
Thanks
even if some of his predictions are off target, its many more than us mere mortals who cannot even predict (or analyse) this chakravyu of GC bulletins..
:)
Come on guys, give him a break.
His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.
We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.
Thanks
smuggymba
01-17 03:31 PM
My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
Tell the employer that the "cousin" is pregnant and needs 4 months off. If the employer offers short term/pregnancy pay, he will be glad to process the resignation....or tell the employer ur moving to india etc.
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
Tell the employer that the "cousin" is pregnant and needs 4 months off. If the employer offers short term/pregnancy pay, he will be glad to process the resignation....or tell the employer ur moving to india etc.
Raju
02-22 06:06 PM
Hello everyone,
I have a question abt the recent contributions. Of late i have seen a SHARP drop in contributions. Have we reached a plateau now, or are the contributions not updated live?
Also i have a question abt what the agreement is with QGA. Do they do nothing till we pay the $200k or do they do things in installments (like our immigration lawyers ;)). A lot of non members, but possibly potential contributors keep asking me abt the same. If the board can answer this question i would appreciate it. If you do not want to post that info on here, please send me a Private Message.
Why don't we sell some advertising space on immigrationvoice.org
I have a question abt the recent contributions. Of late i have seen a SHARP drop in contributions. Have we reached a plateau now, or are the contributions not updated live?
Also i have a question abt what the agreement is with QGA. Do they do nothing till we pay the $200k or do they do things in installments (like our immigration lawyers ;)). A lot of non members, but possibly potential contributors keep asking me abt the same. If the board can answer this question i would appreciate it. If you do not want to post that info on here, please send me a Private Message.
Why don't we sell some advertising space on immigrationvoice.org
anilsal
11-18 04:30 PM
USCIS has its own guideline of issuing EAD within 90 days. Since there was heavy work load after July, they issued without FP. For the EADs issued without FP, they are re-issuing EAD with FP.:)
Why would USCIS do duplicate work?
Why would USCIS do duplicate work?
Becks
02-10 07:18 PM
Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.
So try to switch the job with H1 transfer if your new employer supports. Use EAD only when you dont have H1 option.
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
So try to switch the job with H1 transfer if your new employer supports. Use EAD only when you dont have H1 option.
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
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