cygent
07-02 02:13 AM
Hello IVans,
Does anyone feel the same? any thoughts?
But only because they know everybody will be frustrated with the wait & opt for PP - Another clever manipulation IMHO.
Does anyone feel the same? any thoughts?
But only because they know everybody will be frustrated with the wait & opt for PP - Another clever manipulation IMHO.
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krisganta
08-23 07:52 PM
My wife is in the same situation and debating whether to continue the employment with EAD renewal receipt or not. Could you please share which USCIS number did you call and what options did you select so that we can also call and get the clarificatiion from USCIS directly..just to be on safe side!! Thanks!
chantu
02-19 01:19 PM
I have one question:
My wife is currently working on EAD. I am a primary applicant. Can she apply for H1-B without jeopardizing our GC application?
My wife is currently working on EAD. I am a primary applicant. Can she apply for H1-B without jeopardizing our GC application?
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shahrooz
08-26 09:21 PM
Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
more...
smuggymba
03-15 09:34 AM
L1 has been in use for past 12 years...and the L1 holders have been working at client sites.
TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.
After 5 yrs...if u have 2 project outside india - u get EB1 in Infosys (of course not all but many do).
Do 1 project in USA and one in Europe and you get a tag of "Global Project Manager" and hence qualify for EB1. I personally know 3 ppl.
TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.
After 5 yrs...if u have 2 project outside india - u get EB1 in Infosys (of course not all but many do).
Do 1 project in USA and one in Europe and you get a tag of "Global Project Manager" and hence qualify for EB1. I personally know 3 ppl.
OLDMONK
07-06 11:35 AM
Poor Coverage in Media Regarding a Very Important Issue where governmental agencies (USCIS/DOS) took unprecedented/unlawful route and resulted in millions of dollars wasted and dreams shattered of hard working, lawfully present Highly Skilled Immigrants.
My Question is why is media acting like an Ostrich on this issue? Answers anyone??
FYI Some individuals and distinguished senators are on top of this already.
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thanks
My Question is why is media acting like an Ostrich on this issue? Answers anyone??
FYI Some individuals and distinguished senators are on top of this already.
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thanks
more...
sriniks
12-06 08:48 PM
My wife's EAD expires later this month. She doesn't intend to work; so does she need to renew her EAD? She doesn't have another status like h1 or h4. Will she be out of status when the EAD expires?
The bigger question is that I got my GC a few months ago; but she hasn't got hers. We had an interview at the local office; the officer said he's recommended approval of the 485 and we should get it soon. This happened 2 months ago and still we don't see the 485 approval. The officer also mentioned we could go to the local office any time and get a GC stamp in the passport. Is this true? Can we just take an infopass and get the stamp right away? Do they do that? I called the call center but they just say it's pending and they won't give me any information.
really appreciate your advice...
srini
The bigger question is that I got my GC a few months ago; but she hasn't got hers. We had an interview at the local office; the officer said he's recommended approval of the 485 and we should get it soon. This happened 2 months ago and still we don't see the 485 approval. The officer also mentioned we could go to the local office any time and get a GC stamp in the passport. Is this true? Can we just take an infopass and get the stamp right away? Do they do that? I called the call center but they just say it's pending and they won't give me any information.
really appreciate your advice...
srini
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bskrishna
02-11 10:54 AM
The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
more...
jthomas
03-24 07:05 PM
I have a website for past 5 years. I started this when i was a H1B holder. It has a shopping card from 2checkout.com
One has to register the name of the firm in the county and secondly get a sellers permit. To register a fiticious business name would cost you 25 dollars then a adv in a local newspaper for 2-3 times and then you can apply for sellers permit.
Once you have a sellers permit and you are paying taxes there should not be any problem.
I am a sole properitor
One has to register the name of the firm in the county and secondly get a sellers permit. To register a fiticious business name would cost you 25 dollars then a adv in a local newspaper for 2-3 times and then you can apply for sellers permit.
Once you have a sellers permit and you are paying taxes there should not be any problem.
I am a sole properitor
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ksvreg
09-25 11:16 AM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
more...
pmat
09-21 04:09 PM
Depends on EB2 or Eb3 and country of birth. For Indians, it is a long-long wait unless a relief bill passes.
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Rolling_Flood
09-22 09:33 PM
bump
Anyone got a generic response to an I-485 Service Request that "your case is awaiting standard security checks required for everyone who applies for this immigration benefit"?
More importantly, did anyone get an approval for their I-485 after being stuck in such a check?
Thanks much.
Anyone got a generic response to an I-485 Service Request that "your case is awaiting standard security checks required for everyone who applies for this immigration benefit"?
More importantly, did anyone get an approval for their I-485 after being stuck in such a check?
Thanks much.
more...
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webm
08-08 07:21 PM
So whats the verdict ? Can we work on EAD receipt notice if the EAD could not get renewed in time ?
No i dont't think so as per the new 245(k) memorandum..:( see this article on http://www.immigration-law.com
08/08/2008: Unauthorized Employment Before or/and after I-485 Filing and Importance of Revisit of Recently Released 245(k) Memorandum
No i dont't think so as per the new 245(k) memorandum..:( see this article on http://www.immigration-law.com
08/08/2008: Unauthorized Employment Before or/and after I-485 Filing and Importance of Revisit of Recently Released 245(k) Memorandum
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texanguy
12-16 12:46 PM
they probably have assigned a visa number to your case during the month of august/sept when your priority date was current and might have shelved it to open at a future time (which happens to be just about now!)
Congratulations on your green card. Enjoy your freedom...
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your files comes to someone's attention. ....Best to all....
Congratulations on your green card. Enjoy your freedom...
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your files comes to someone's attention. ....Best to all....
more...
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dvb123
03-02 09:25 AM
Bump
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absaarkhan
06-12 05:54 PM
What is "Letter of Acquirement’
Can you please tell me what is "Letter of Acquirement’'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, NO Official docs were shared with me.
From whom did u get this letter.
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
Can you please tell me what is "Letter of Acquirement’'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, NO Official docs were shared with me.
From whom did u get this letter.
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
more...
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uma001
11-07 12:44 PM
Ajay,
Same is the case with me. I work for fortune 600 employer. My employer stopped filing PERM just before filing after ads are posted stating the same reason - unemployment rate too high. I thought he was just BS ing with me.Looks like he was honest. This happened in jan 2009. Even now, they are not willing to file PERM. My 6 year term expires in July 2012. So I still have some buffer to file for green card. My VP said ' we have got candidates, so we cannot file green card for you now.we will see after 6 months if job market recovers'. I dont think it is good time to file PERM.
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
Same is the case with me. I work for fortune 600 employer. My employer stopped filing PERM just before filing after ads are posted stating the same reason - unemployment rate too high. I thought he was just BS ing with me.Looks like he was honest. This happened in jan 2009. Even now, they are not willing to file PERM. My 6 year term expires in July 2012. So I still have some buffer to file for green card. My VP said ' we have got candidates, so we cannot file green card for you now.we will see after 6 months if job market recovers'. I dont think it is good time to file PERM.
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
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thomachan72
11-11 12:58 PM
My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?
technically speaking the answer would be "absolutely not"; however, you could try your luck. There might not be another RFE for you and you might get greened. I have known people who were waiting for 485 approval and got laid off. They did nothing but wait anxiously till the miracle happened and the GC showed up in the mail. Immediately they applied for unemployment benefit. There was not much time gap (approx 2 weeks) between being laid off and receiving the GC in this case.
technically speaking the answer would be "absolutely not"; however, you could try your luck. There might not be another RFE for you and you might get greened. I have known people who were waiting for 485 approval and got laid off. They did nothing but wait anxiously till the miracle happened and the GC showed up in the mail. Immediately they applied for unemployment benefit. There was not much time gap (approx 2 weeks) between being laid off and receiving the GC in this case.
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Dhundhun
10-19 09:27 PM
#1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.
krucie
03-17 01:41 PM
My thought was the same as yours in that by attaching my 485 receipt notice, and 140 approval notice when my spouse files for his 140/485, we can just inform USCIS at that time to connect our 485 applications. Based on that, once my spouse gets his green card, I would get mine as well.
I wasn't sure how it would work out if we waited for his 140 approval to come before we informed USCIS. Since he is from a non-retrogressed country, I was thinking that the safest approach would be to inform them sooner than later. You mentioned that I could file as a derivative once his 140 was approved. But the idea is not to file another 485 application for me. In my opinion that would confuse things further.
What steps are you taking in your case? I'm assuming that you and your spouse each have only one 485 application, each being independent of the other?
I wasn't sure how it would work out if we waited for his 140 approval to come before we informed USCIS. Since he is from a non-retrogressed country, I was thinking that the safest approach would be to inform them sooner than later. You mentioned that I could file as a derivative once his 140 was approved. But the idea is not to file another 485 application for me. In my opinion that would confuse things further.
What steps are you taking in your case? I'm assuming that you and your spouse each have only one 485 application, each being independent of the other?
Saralayar
06-04 12:19 PM
http://www.mercurynews.com/topstories/ci_12514065?nclick_check=1
FTA:
"...
The law would also increase numerical caps on the number of visas for countries such as Mexico, the Philippines, China and India. People from those countries hoping to immigrate to the U.S. routinely face waits of more than a decade in a system with a backlog of 5.8 million people.
..."
The URL link do not work.
FTA:
"...
The law would also increase numerical caps on the number of visas for countries such as Mexico, the Philippines, China and India. People from those countries hoping to immigrate to the U.S. routinely face waits of more than a decade in a system with a backlog of 5.8 million people.
..."
The URL link do not work.
