msyedy
02-05 08:36 PM
1) I agree with all who are asking you to quit and get your H1-B transfered, but my concern is whether your H1-B is still valid or not as your I-140 has been revoked or is still in consideration.
You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.
2) Time taken for an H1-B approval varies, it all depends on your fate.
I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.
3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.
These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.
You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.
2) Time taken for an H1-B approval varies, it all depends on your fate.
I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.
3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.
These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.
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meghanap2000
09-09 03:34 PM
This is the always problem with USCIS in porting PD. In my case they have put PD as 485 application received date. The only solution to this is ..Keep your attorney in the loop and ask them to send letters repeatedly and call the customer service center repeatedly..
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
agv
03-19 11:45 AM
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
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ramana_akp
12-17 10:00 PM
thanks for the inputs guys..
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
more...
harryom
03-24 03:47 PM
I just got me H1B approval Notice and copy of I-129 petition. There is nothing wrong with approval but I notice few things and have few concerns/questions to the group if some one had similar experience in the past:
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
Jerrome
10-19 09:57 AM
I don't have an A#? Where can i find that.
more...
fide_champ
02-15 01:22 PM
Thanks to everyone who replied.
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willigetagc
08-09 05:51 PM
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
more...
jamesbond007
11-01 08:42 AM
The government published pay that an LCA is evaluated against is usually lesser than the actual pay for that type of job in a region.
If your LCA was filed with a salary that is right on the number, you would be in trouble.
If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.
We are all used to getting raises and bonuses at the end of the year.
But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.
If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
But if it is across the board, more than likely they will restore as soon as things get better.
If your LCA was filed with a salary that is right on the number, you would be in trouble.
If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.
We are all used to getting raises and bonuses at the end of the year.
But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.
If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
But if it is across the board, more than likely they will restore as soon as things get better.
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calgirl
08-05 02:43 AM
Which number is used to call FBI?
Please post FBI calling details here..
Dear IVans,
After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).
My dependent (my spouse) has not received her FP notice yet.
Questions:
1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.
2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work
3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?
Gurus, Please answers/provide your experience/suggestions to the above questions.
Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.
I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.
Hope this completes my cases.
Good luck to all and my best wished to every one (EB2 & EB3) mates.
Please post FBI calling details here..
Dear IVans,
After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).
My dependent (my spouse) has not received her FP notice yet.
Questions:
1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.
2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work
3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?
Gurus, Please answers/provide your experience/suggestions to the above questions.
Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.
I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.
Hope this completes my cases.
Good luck to all and my best wished to every one (EB2 & EB3) mates.
more...
gsc999
01-10 01:57 PM
Thanks Y'all for the inputs !
Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(
----
I recently travelled to India via Munich on Lufthansa. I was told by my ticketing agent that I will need a German transit visa. I looked at the info. on German constulate's website and did some reasearch, I didn't need one.
I suggest, you get one to be on the safer side. For other readers, if you are on H1B and if your transit time is 2 to 3 hours and you travel on the same airlines (there are other issues e.g. the terminal is same etc.), than you don't need a transit visa but always call in and check with the appropriate constulate.
Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(
----
I recently travelled to India via Munich on Lufthansa. I was told by my ticketing agent that I will need a German transit visa. I looked at the info. on German constulate's website and did some reasearch, I didn't need one.
I suggest, you get one to be on the safer side. For other readers, if you are on H1B and if your transit time is 2 to 3 hours and you travel on the same airlines (there are other issues e.g. the terminal is same etc.), than you don't need a transit visa but always call in and check with the appropriate constulate.
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abracadabra
05-30 02:46 PM
Is it the receipt number, where did you check it??
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summitpointe
09-21 06:44 AM
One more question:
When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.
When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.
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morchu
05-04 12:50 PM
NO.
[QUOTE=gauravsh;338657].....will there is any issues at POE due to my long absence on H1B?/QUOTE]
[QUOTE=gauravsh;338657].....will there is any issues at POE due to my long absence on H1B?/QUOTE]
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sunny1000
05-15 01:55 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.
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sayantan76
06-01 06:57 AM
Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.
It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.
I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.
It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.
more...
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rockstart
07-02 03:17 PM
Have you seen any 2008 case getting approved before 2007.
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
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jasmin45
08-18 12:14 PM
EAD is not a valid status..just a document which provides you authorization to work in united states.
There isn't much information on your post to see what fees are you talking about you may have to break it down and see what is it all about.
There isn't much information on your post to see what fees are you talking about you may have to break it down and see what is it all about.
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chapsi29
04-02 11:22 AM
Thanks for the immediate response.
Well in my GC labor application, I see 2 wages and both are above my salary. With pay checks pending, my W2 income for 2007 is going to be even lower than my annual salary. Thats why I am very concerned. I have not received my pay stubs too but I can get it if I want to. They said they can issue the pay stubs but there is going to be a delay in paying the salary as the company is going through some financial problems..
Does the USCIS check my W2 income for 2007? How do they get access to that info ? Just curious. Does the IRS and USCIS communicate in this process?
Thanks
Well in my GC labor application, I see 2 wages and both are above my salary. With pay checks pending, my W2 income for 2007 is going to be even lower than my annual salary. Thats why I am very concerned. I have not received my pay stubs too but I can get it if I want to. They said they can issue the pay stubs but there is going to be a delay in paying the salary as the company is going through some financial problems..
Does the USCIS check my W2 income for 2007? How do they get access to that info ? Just curious. Does the IRS and USCIS communicate in this process?
Thanks
me_myself
12-16 10:57 AM
why do you say it will become void? I am going to work for the same employer who got my H1.
Thanks.
Thanks.
fall2004us
10-26 12:30 PM
I am in the same boat...
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
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