gc28262
03-09 11:41 AM
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
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zCool
04-19 10:44 PM
All of us might have gone wailing in streets and still it would have been the same thing..
What happened last yr? in a word.. Senator Jeff Sessions from Alabama..
He's bought and paid for by racist anti-immigrant interest groups and no way he was going to be convinced based on merits of the argument!
What happened last yr? in a word.. Senator Jeff Sessions from Alabama..
He's bought and paid for by racist anti-immigrant interest groups and no way he was going to be convinced based on merits of the argument!
alisa
07-05 01:50 PM
The other thing I don't understand is how come EB-1 and EB-2 which are current (for ROW) atleast can suddenly become U.
Did USCIS stop paying attention to EB-2 vs EB-3 classification?
How about country limits? Did USCIS give India more than 3K visas?
Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June?
Did USCIS stop paying attention to EB-2 vs EB-3 classification?
How about country limits? Did USCIS give India more than 3K visas?
Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June?
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sathweb
01-13 08:02 PM
Hi,
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Look at this document:
http://www.greencardapply.com/news/news05/news05_0308.htm
In the following pdf, read section (e). It is not very clear what they mean by "A priority date is not transferable to another alien".
http://www.state.gov/documents/organization/87866.pdf
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Look at this document:
http://www.greencardapply.com/news/news05/news05_0308.htm
In the following pdf, read section (e). It is not very clear what they mean by "A priority date is not transferable to another alien".
http://www.state.gov/documents/organization/87866.pdf
more...
skp71
05-06 11:56 AM
We never know what's going to happen our job nowadays. What if something happen to my job or if I changed the job on AC21 or my FP has been expired or my company is no more existing or my company's name has been changed or I moved for good from this country? If they preapprove my case now, still it is going to be valid after 3 years??
If the PD is not current, why dont USCIS process the existing applications and keep it processed. This will reduce their work when the PD becomes current.
I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.
WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.
If the PD is not current, why dont USCIS process the existing applications and keep it processed. This will reduce their work when the PD becomes current.
I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.
WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.
PDOCT05
10-29 03:08 PM
[QUOTE=PDOCT05;189726]It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)
QUOTE]
Wish you all the best. It is too late to learn that one should not leave everything to the lawyers. Accuracy of info, signatures, etc. need to be thoroughly checked by us, the filers. Lawyer is doing this work for several people, and they want to spend least time on each. We, understanding the impact, are prepared to spend little extra time for checking thoroughly.
What tactical explanation is he going to give? May be he should say that it was signed but USCIS guy did not see it. Or, ink was bad, and evaporated, etc. "Fogot" will be difficult to make them accept.
No Idea how is he going deal..I will try my best to avoid...any further issues.
QUOTE]
Wish you all the best. It is too late to learn that one should not leave everything to the lawyers. Accuracy of info, signatures, etc. need to be thoroughly checked by us, the filers. Lawyer is doing this work for several people, and they want to spend least time on each. We, understanding the impact, are prepared to spend little extra time for checking thoroughly.
What tactical explanation is he going to give? May be he should say that it was signed but USCIS guy did not see it. Or, ink was bad, and evaporated, etc. "Fogot" will be difficult to make them accept.
No Idea how is he going deal..I will try my best to avoid...any further issues.
more...
bbct
02-18 10:51 AM
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
This is not true. We are a case study for this scenario. We were not able file to our I-485 because my wife was out-of-status by not working on H1B. Our attorney advised to go out of the country and come back on H4 so we can file our I-485. If you have received H1-B approval with I-94 attached to it, it means your COS was requested by the employer and your new status is H1B and not H4. Even if you have unexpired H4 visa stamp in your passport it becomes invalid. You will get a new visa when you go for stamping.
So check with attorney.
This is not true. We are a case study for this scenario. We were not able file to our I-485 because my wife was out-of-status by not working on H1B. Our attorney advised to go out of the country and come back on H4 so we can file our I-485. If you have received H1-B approval with I-94 attached to it, it means your COS was requested by the employer and your new status is H1B and not H4. Even if you have unexpired H4 visa stamp in your passport it becomes invalid. You will get a new visa when you go for stamping.
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bluez25
07-26 10:20 PM
Hi Rick,
Are you saying plain white paper with out the letter head is fine?
My local police is saying that they do not have a letter head printed.
Can you share your number so I can call you some time today.
I have sent you my local phone number to your IM . Please check..
Are you saying plain white paper with out the letter head is fine?
My local police is saying that they do not have a letter head printed.
Can you share your number so I can call you some time today.
I have sent you my local phone number to your IM . Please check..
more...
small2006
08-08 01:39 PM
:(
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
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mikemeyers
05-11 05:18 PM
here is another questions I need to ask, if anyone can plz get them answered it will be great.
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to different comany, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to different comany, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
more...
Lasantha
02-20 11:20 AM
Can you do that even if the earlier I-140 is from another employer?
I think the answer is Yes.
You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.
I think the answer is Yes.
You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.
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meridiani.planum
06-12 01:35 PM
Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
Based on posts from a number of reasons, the reason for EB2 India moving slowly are:
- lots of 485 applications (remember that EB2 India had been stuck at Jan 2003 for a LONG time, and all those people got to file only in July 2007)
- conversions of EB3->EB2
- LC substitution ending in mid which caused a lot of dormant LC applications lying around, to get used up and filed
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
Based on posts from a number of reasons, the reason for EB2 India moving slowly are:
- lots of 485 applications (remember that EB2 India had been stuck at Jan 2003 for a LONG time, and all those people got to file only in July 2007)
- conversions of EB3->EB2
- LC substitution ending in mid which caused a lot of dormant LC applications lying around, to get used up and filed
more...
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vallabhu
02-01 11:07 AM
please post a link to this survey
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gimme_GC2006
01-05 11:22 AM
any predictions for Feb 2009 :D:D
more...
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kriskris
08-30 11:45 PM
I strongly discourage the word "Attroney" for everything. Just because of memebers like kriskris these Attroney's are living lavishly. What the heck these Attroneys know that we don't know. Don't we know how to write our names? Don't we know how to fill an application form? Please stop saying "Attroney" for everything. These are not complex things. Please note according to one survey 70% of Americans don't know how to fill Bank application. Attroneys are just making the money out of this situation.
Yes, I agree Attroney's are required for quite complex things..but not for H1 extension, I-485, H1 stamping etc etc. Glad that we could able to eradicate Attroney culture completely for H1B stamping. I eagarly look forward the same situation to applying for H1, I-485 etc in the future ...
Please help above member how to apply H1 extension if you know..Please stop using the sentence "Contact your Attroney".
Hi H1Girl,
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
Yes, I agree Attroney's are required for quite complex things..but not for H1 extension, I-485, H1 stamping etc etc. Glad that we could able to eradicate Attroney culture completely for H1B stamping. I eagarly look forward the same situation to applying for H1, I-485 etc in the future ...
Please help above member how to apply H1 extension if you know..Please stop using the sentence "Contact your Attroney".
Hi H1Girl,
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
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sai_srinivas
05-19 07:46 AM
I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
more...
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james_bond_007
04-03 12:12 AM
I opened a service request last week regarding the pending I 485 case. Today I got the following letter in mail. "We are actively processing your case. However we have to perform additional review on this case. Contact us after 6 months." . When I opened a SR last year I got the same response.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
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msr999
08-14 07:30 PM
Sorry for the dumb question. My status changed today and it said " On August 14, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you". Does this mean my greencard approved?
Category: EB2
Priority Date: 11/15/2004
Receipt Date : 08/17/2007
Category: EB2
Priority Date: 11/15/2004
Receipt Date : 08/17/2007
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shilpianand
11-03 01:32 PM
Stop asking dumb questions over and over again janta.nath
sk.aggarwal
06-01 08:42 AM
This is true for most full time positions. I used to work for Wachovia and after merger with Wells Fargo they even withdrew approved I-140s, refused to file responses for perm audits and off course start new GC process. I left after working from them for 5 years. Idea is not to scare you, but just be careful. As someone adviced above, give you best shot in interviews and once you have an offer ask them to confirm in writing that they will process GC in EB2 immediately on joining. Dont join if they dont give you firm assurance. And once you join, start working on this process immediately.
clazale
11-11 03:40 PM
I am a july 2007 filler as well and my GC was approved last month though the processing date was few months behind. I know some other cases as well whose 485 was approved when the processing date was not current. So i would say that just stay positive and keep your fingers crossed. Happy days should be just around the corner.
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