indyanguy
11-07 08:58 AM
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.
I will keep in mind what you suggested and will do more research before taking any action.
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.
I will keep in mind what you suggested and will do more research before taking any action.
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raj_k
03-23 10:24 PM
Frist's enforcement only bill will be very popular in the house, but is unlikely to pass the senate. There seems to be quite a few republican senators (Specter, Mccain, Graham, Brownback to name a few) who might vote against any bill which is not "comprehensive". They along with the dems easily have more than 50 votes to block. Now, even if Frist's passes senate, it has to be reconciled with the house version - there are plenty of vocal anti EB folks there and hardly anyone pro. So if push comes to shove, Frist would probably agree to drop the EB provisions and pass rest of the bill , so that he can take credit and hit the '08 presidential campaign trail.
Specter's will easily pass the senate, will be a miracle if it passes the house - senate conference commitee in its present form. The only hope is all the attention will be on the amnesty provisions and negotiations surrounding that, and the EB part of it will fly under the radar.
Specter's will easily pass the senate, will be a miracle if it passes the house - senate conference commitee in its present form. The only hope is all the attention will be on the amnesty provisions and negotiations surrounding that, and the EB part of it will fly under the radar.
venkat9
03-10 09:13 AM
Hi All,
I just wanted to share my RFE regarding the "Experience Lettters"
I got an RFE on 1/23/2008 "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."
The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.
And it worked for me. My attorney sent the documents to USCIS @ NSC on 3/3 and we got an Approval Notice on 3/7.
I just wanted to share my RFE regarding the "Experience Lettters"
I got an RFE on 1/23/2008 "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."
The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.
And it worked for me. My attorney sent the documents to USCIS @ NSC on 3/3 and we got an Approval Notice on 3/7.
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krishmunn
12-23 09:35 AM
There is one option which you can try. Take a online appointment at one of the consulates in Mexico. It costs $8 or so. They ask to send the 797 by fax before the appointment date. Presumably they ask for the 797 to do a PIMS verification. I do not know if that helps in confirming PIMS but for $8 , it is worth taking this additional step.
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hope_4_best
07-27 03:45 PM
[QUOTE=ajaykk]From the below FAQ2 just release by USCIS
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this applies to the applications reached USCIS in June but receipt is not yet issued?
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this applies to the applications reached USCIS in June but receipt is not yet issued?
andy garcia
02-21 01:45 PM
Going back home is the only backup streategy. Probably everybody who is not contributing to IV, is depending on this backup plan.
What about the ones that cannot go back home?
We need skill bill.
What about the ones that cannot go back home?
We need skill bill.
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bigboy007
04-18 03:50 AM
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
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sbabunle
07-18 07:25 PM
Here is my plan. Make as much dollars as I could. Stay as long as I could. Probably stay illegal for some years. ( So that I dont need to pay taxes too )Buy some land in Kerala( My home state) Plan rubber and pepper and ginger. And forget programming. All IV members are welcome to my ranch..:D :D :D
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haveaquestion
03-06 01:28 AM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
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ganguteli
02-27 01:42 PM
IMO, you should spend the money yourself instead of depending on the company for GC expenses...
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
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Libra
08-09 11:53 AM
and one more thing is if we post our question on one of the related thread, people will have chance to look into that thread and get answers, you know, instead of looking into hundreds of threads on same topic, hundreds of related post in one thread make more sense.
no one is new to the forums, if not here, they might have gone thru all those immigration, murthy forums already.
Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
no one is new to the forums, if not here, they might have gone thru all those immigration, murthy forums already.
Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
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boom
08-11 01:21 PM
Thanks for your prompt reply.
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
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smmakani
04-11 07:19 PM
I think you need to apply for a labour certification a year before a completion of 6 year of H1 period for 7th year extension but in perm you get labour certified within 2 months. Even if you start now you can get your labour and I140 (in premium processing) done before DEC. After then you can leave back to home country and still continue the process as future emplyoment.
I don't know if you become eligible for 7th year extension.
I don't know if you become eligible for 7th year extension.
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vin13
07-14 09:22 AM
No worries. I have travelled through Frankfort with AP and had no issues. In fact, an officer did ask me for my US visa and i showed him the AP document. Seems to me that frankfort officials do understand the AP document.
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amulchandra
02-06 06:47 PM
Actually the reply I got was from the attorney(who is HR head I believe) of the non-profit organization itself. What I was told that some companies do accept volunteers but due to ignorance of law on their part.
Volunteering itself means one is not paid for. But H4s cannot volunteer in their own field of expertise. This is what I understood.
Anyway I am planning to file my H1 this year.
On the lighter side of everything may be he is a member of numbersusa...
Volunteering itself means one is not paid for. But H4s cannot volunteer in their own field of expertise. This is what I understood.
Anyway I am planning to file my H1 this year.
On the lighter side of everything may be he is a member of numbersusa...
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Gator
04-11 08:10 PM
Today I found out that my RFE wasn't answered at all as opposed to being late.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
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dreamgc_real
05-03 09:10 PM
Thanks for this input. I'd call them around 10th of this month.
Keep us updated. Also what is the processing time for EADs in AZ on an average? Both for premium and regular?
Keep us updated. Also what is the processing time for EADs in AZ on an average? Both for premium and regular?
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LostInGCProcess
03-16 02:46 PM
You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.
Well! I never tried that one. I heard its only for people who earned below certain amount. Not everyone would qualify, i guess.
Well! I never tried that one. I heard its only for people who earned below certain amount. Not everyone would qualify, i guess.
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masti_Gai
01-05 02:54 PM
Oh i didn't know about this. Good I can tell my buddies who keep pestering me to help them in their intention of changing their status when ever they come here on Business visit.:)
willigetagc
08-13 01:57 AM
another distraction for the officers? already they are eagerly waiting for the visa bulletin (just like all of us) to decide on future course of work... :D
Now they might all just forget work, come out and dance to the marathi number... :eek:
Now they might all just forget work, come out and dance to the marathi number... :eek:
skpanda
05-17 07:03 PM
This is a tricky situation. I would suggest you consult your attorney.
Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.
In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.
Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!
Please update here about any new developments in your case!!
All the very best!
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.
In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.
Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!
Please update here about any new developments in your case!!
All the very best!
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
