cheg
08-05 12:36 AM
Sorry to hear that your wife's 485 application will be denied. I know that once she uses her EAD then she loses her H4 eventhough her passport still has a stamp expiring Feb 08. Since she will definitely be losing her EAD because of AOS denial it will be better for you to apply for her H4 asap. To be on the safe side, always consult a lawyer. Good luck! :)
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johnykah1
01-18 07:18 PM
My case is like this....
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
aristotle
06-26 05:11 PM
Lost I20.
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
You can call the school's "Office of International Studies"(or equivalent) and ask for a copy.
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
You can call the school's "Office of International Studies"(or equivalent) and ask for a copy.
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a.j.2048
10-23 11:13 AM
This area is fast moving. Indian courts have been refusing jurisdiction in these cases, unless one of the parties is an Indian resident or if they spent significant time in India after marriage. Best to consult an Indian lawyer to find out the current standards applied in India.
more...
veni001
07-08 09:11 AM
Based on anu_t in this post...
http://immigrationvoice.org/forum/forum105-immigrant-visa/1598322-what-happens-when-the-approved-i-140-gets-cancelled.html#post1966964
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
http://immigrationvoice.org/forum/forum105-immigrant-visa/1598322-what-happens-when-the-approved-i-140-gets-cancelled.html#post1966964
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
IneedAllGreen
06-18 12:41 AM
Its alright most of the time USCIS looks for last year or last 2 years tax return. I think W-2 is good enough to prove that you are eligible for Tax return.
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
more...
MONCYS
03-28 06:22 PM
If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.
My project is getting over, and it seems hard to find a h1b job.
pls advice
My project is getting over, and it seems hard to find a h1b job.
pls advice
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rameshraju11
07-21 07:51 PM
Hello,
My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail
But today I have received the status change from Approved to Document mailed from USCIS online system
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT
On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.
what does it mean ?
Thanks in Advance
My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail
But today I have received the status change from Approved to Document mailed from USCIS online system
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT
On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.
what does it mean ?
Thanks in Advance
more...
Aura M.
01-14 04:07 PM
I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
I will do it my self, but I need to be inform before, to avoid any mixtakes, I think is not impossible without a lawyer...
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
I will do it my self, but I need to be inform before, to avoid any mixtakes, I think is not impossible without a lawyer...
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pappu
05-23 08:16 PM
Such half quotes cause more damage than do anything good for us. Maybe they picked up a few sentences rather than displaying the full context. I have not seen the full message. Looking at the quote and paragraph about 'Competing in the 21st Century Economy ' it seems like this argument is for more H1B visas and STEM exemption of H1B visas from its annual 65K quota.
Such messaging actually hurts us. Unless there is mention of 'Greencard' and 'backlog' such general statements would mean H1B to many.
Such messaging actually hurts us. Unless there is mention of 'Greencard' and 'backlog' such general statements would mean H1B to many.
more...
mambarg
09-10 06:59 PM
SF is open Tue-Sat.
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karthkc
03-27 05:27 PM
I am no attorney... but from my knowledge you are OK.
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
There is no official grace period rule on H1B transfers. Having said that, you are fine since the transfer period covers your status with the previous employer as you mentioned.
It is common for people to take a week or two off in between jobs so there is no reason for you to worry.
Cheers!
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
There is no official grace period rule on H1B transfers. Having said that, you are fine since the transfer period covers your status with the previous employer as you mentioned.
It is common for people to take a week or two off in between jobs so there is no reason for you to worry.
Cheers!
more...
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WhatWentWrong
05-14 05:23 PM
Hello,
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
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DrAnnSocolofskyMD
07-25 07:26 PM
I am an American physician and I am currently working on building an Internet business. What kinds of questions do you have? I might be able to help. In addition to my medical practice, which includes acting as a Civil Surgeon, I am an Independent Business Advisor for Bill Glazier and Dan Kennedy. You might not know who they are but they offer training in creating information products to sell on the Internet and they also help business owners learn how to increase their income. And it has NOTHING to do with Amway.
more...
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Blog Feeds
06-19 01:20 PM
AILA Leadership Has Just Posted the Following:
As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (http://www.outlookindia.com/full.asp?fodname=20090622&fname=GCol+Vivek+Wadhwa+(F)&sid=1), in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."
Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India (http://marketplace.publicradio.org/www_publicradio/tools/media_player/popup.php?name=marketplace/pm/2009/06/17/marketplace_cast2_20090617_64). The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.
This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.https://blogger.googleusercontent.com/tracker/186823568153827945-2392842088350390333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/06/vivek-wadwha-voice-in-wilderness.html)
As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (http://www.outlookindia.com/full.asp?fodname=20090622&fname=GCol+Vivek+Wadhwa+(F)&sid=1), in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."
Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India (http://marketplace.publicradio.org/www_publicradio/tools/media_player/popup.php?name=marketplace/pm/2009/06/17/marketplace_cast2_20090617_64). The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.
This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.https://blogger.googleusercontent.com/tracker/186823568153827945-2392842088350390333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/06/vivek-wadwha-voice-in-wilderness.html)
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EB2_Jun03_dude
04-22 12:29 PM
I have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
more...
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Blog Feeds
02-15 09:30 PM
AILA Leadership Has Just Posted the Following:
Just when we thought it was safe to go back in the immigration waters again. Transparency, we were promised it. One year into the new administration, however, it remains an elusive concept. That is it did, until yesterday. Yesterday, I saw a poster at the CIS that revealed exactly how the agency views immigration lawyers. It was a poster of small fish in the water being stalked by a large shark. I walked past it and literally did a comic book like double take.
Underneath in comparatively small letters there is a caption that warns people to protect themselves against those who are not authorized to help them. There was no indication or explanation, however, of what that could mean, other than the picture of giant shark.
The subliminal message was both clear and offensive. I dare the agency to say I am reading too much into it. Google �metaphors and similes.� Nine times out of ten the definition includes a lawyer shark comparison/example. Couple this with the daily reports we receive where our clients are told �why do you have a lawyer, your lawyer knows nothing.�
Contrary to the government�s implication, however, immigration lawyers are not predatory. The bulk of immigration lawyers I know, and I know a lot of them, literally agonize over the fates of their clients. They spend hours upon hours trying to assist them through a labyrinth of inconsistent rules, regulations (when we actually get them) and guidance.
AILA works hard to combat immigration fraud and the unauthorized practice of law. It also does all it can to educate 15,000 immigration lawyers about both the law and ethics.
I agree that immigrants need to be wary of perpetrators of immigration fraud. The government, however, should warn of the true predators - those practicing law without a license. Its posters should identify who those individuals are and provide warnings or information calculated to educate about unscrupulous practices. Simply, a broad statement below an icon typically used to vilify attorneys does nothing of the sort.
I am not sure how to depict the government�s purported message in its elaborate seascape. Perhaps a tidal wave depicting millions being thrown back indiscriminately on foreign shores or a lamprey latched onto an unsuspecting gentle manatee. I need to think about it. I take metaphors seriously as they �are dangerous and are not to be trifled with.� Please remove the posters immediately.
https://blogger.googleusercontent.com/tracker/186823568153827945-7473844792018103725?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/troubled-waters.html)
Just when we thought it was safe to go back in the immigration waters again. Transparency, we were promised it. One year into the new administration, however, it remains an elusive concept. That is it did, until yesterday. Yesterday, I saw a poster at the CIS that revealed exactly how the agency views immigration lawyers. It was a poster of small fish in the water being stalked by a large shark. I walked past it and literally did a comic book like double take.
Underneath in comparatively small letters there is a caption that warns people to protect themselves against those who are not authorized to help them. There was no indication or explanation, however, of what that could mean, other than the picture of giant shark.
The subliminal message was both clear and offensive. I dare the agency to say I am reading too much into it. Google �metaphors and similes.� Nine times out of ten the definition includes a lawyer shark comparison/example. Couple this with the daily reports we receive where our clients are told �why do you have a lawyer, your lawyer knows nothing.�
Contrary to the government�s implication, however, immigration lawyers are not predatory. The bulk of immigration lawyers I know, and I know a lot of them, literally agonize over the fates of their clients. They spend hours upon hours trying to assist them through a labyrinth of inconsistent rules, regulations (when we actually get them) and guidance.
AILA works hard to combat immigration fraud and the unauthorized practice of law. It also does all it can to educate 15,000 immigration lawyers about both the law and ethics.
I agree that immigrants need to be wary of perpetrators of immigration fraud. The government, however, should warn of the true predators - those practicing law without a license. Its posters should identify who those individuals are and provide warnings or information calculated to educate about unscrupulous practices. Simply, a broad statement below an icon typically used to vilify attorneys does nothing of the sort.
I am not sure how to depict the government�s purported message in its elaborate seascape. Perhaps a tidal wave depicting millions being thrown back indiscriminately on foreign shores or a lamprey latched onto an unsuspecting gentle manatee. I need to think about it. I take metaphors seriously as they �are dangerous and are not to be trifled with.� Please remove the posters immediately.
https://blogger.googleusercontent.com/tracker/186823568153827945-7473844792018103725?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/troubled-waters.html)
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nybear1
07-20 09:23 AM
I am in a similar situation and was rejected due to the same reasons.
Has the original poster received any update on their E-file yet?
Has the original poster received any update on their E-file yet?
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bestofall
03-14 08:57 PM
You deserve good Appreciation from rest of the members for taking the lead, I Wish you success
Go IV !
Go IV !
contact.vr
12-01 12:01 AM
I'm trying to do H1 transfer but my case has some complications and henc am worried if I should go forward or stick with my current company though they are sucking my blood outright.
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
vikki76
04-17 09:30 PM
I have made lot of one-time donations in past. Wouldn't mind to upgrade to donor status- what are the steps ?
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