cool_desi_gc
06-25 07:00 AM
I got FP notice inside 2 weeks of submitting my EAD application. I am in TSC. Again FP depends on when you last Finger prints. I dont everyone 'HAS' to get FP.
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kcindian
09-19 09:10 AM
Thanks for the response div. I did think it was too good to be true. It is.
nixstor
03-12 04:13 PM
roseball,
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
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jelo
02-10 12:05 AM
My labor got approved in Jun 2006, I 140 approved in Oct 2007 and I am a July 2007 filer. My employer got a NOIR on I 140 saying this:
Please provide evidence that supports your answer to question 9; Part C (Employer Information) of the approved ETA 9089 processed in Jun 2006. "Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?"
And then it lists, what could be the documentation to prove this relationship. My Employer is sure that he gave NO for that question but I am not sure. I am in parolee status working for the same employer on H1b. I do not have any kind of relation with the employer at any time.
What if the employer by mistake answered it as YES? what are my options, can I still fight? what could be the documentation, incase we answered NO to the question. Please help me what could be my options.
Please provide evidence that supports your answer to question 9; Part C (Employer Information) of the approved ETA 9089 processed in Jun 2006. "Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?"
And then it lists, what could be the documentation to prove this relationship. My Employer is sure that he gave NO for that question but I am not sure. I am in parolee status working for the same employer on H1b. I do not have any kind of relation with the employer at any time.
What if the employer by mistake answered it as YES? what are my options, can I still fight? what could be the documentation, incase we answered NO to the question. Please help me what could be my options.
more...
dipmay2002
10-28 05:59 PM
I recently change employer on EAD in NJ and new employer is saying that I can't claim withholding allowance for dependents on EAD; I had no issue with my previous employer and was claiming 6 withholding allowances; I told them that my previous payroll processor was ADP and none of my friends on EAD had any issues claiming dependents; They are saying that this is new 2010 rule change and you need to have GC for it. I told them that all dependents have SSN and passes 182 days resident alien test rule..they are not agreed..Is it true? Please let me/send any links/information to prove it...
pbojja
04-15 02:52 PM
Thanks Vamshi , No worries just curious .
I rather most of us achived what ever we achevied in hard way , so I know from the begining I will get GC in the hard way .
I rather most of us achived what ever we achevied in hard way , so I know from the begining I will get GC in the hard way .
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prk_stl
06-30 04:28 PM
Thanks. I am guessing the same.. but for my friend, his lawyer entered the Card valid start and end dates on the EAD card for this date field...
that is why I am looking for a confirmation.
that is why I am looking for a confirmation.
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alex99
09-14 04:23 PM
I have an issue with my I-94 and need your advice on this.
I came back to US from India vacation on 10-Sep-2007. My H1 Papers from Company-B got approved(on 5-Sep-2007) just before I start from India . So I could not show the new Company-B h1 papers at the Port of entry to the CBP officer. I got my new I-94 date based on the old Company-A H1 papers which is valid till 30-Sep-2007.
I red on the Immigration Forums that USCIS follows last action rule to determine the validity of I-94. In that scenario, the I-94 that comes with my new H1 paper gets invalidated. If it is true, am I out of status after 30-Sep-2007?
Could you please advice on my possible options on this issue?
Thanks,
Alex
I came back to US from India vacation on 10-Sep-2007. My H1 Papers from Company-B got approved(on 5-Sep-2007) just before I start from India . So I could not show the new Company-B h1 papers at the Port of entry to the CBP officer. I got my new I-94 date based on the old Company-A H1 papers which is valid till 30-Sep-2007.
I red on the Immigration Forums that USCIS follows last action rule to determine the validity of I-94. In that scenario, the I-94 that comes with my new H1 paper gets invalidated. If it is true, am I out of status after 30-Sep-2007?
Could you please advice on my possible options on this issue?
Thanks,
Alex
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swaroopmukka
07-24 05:50 PM
Hello,
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
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vikasgarg24
07-12 10:09 AM
I think this become a problem for USCIS. might be they have some political pressure "not to allot Visa" and I dont think they will reversed. That I say American dadagiri. Rules for others only not for them
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gcformeornot
01-20 01:19 PM
filing. Only old employer or his lawyer can get information.
I have seen people using FOIA to get 140 info... but it takes longer time....
I have seen people using FOIA to get 140 info... but it takes longer time....
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frostrated
08-05 03:07 PM
Thanks frostrated. When I said CPT I actually meant STEM Extension (17 month). Anyways, if I don't find employment before my OPT expires, can I go to back to school without an issue? I think I should be okay but I just wanted to make sure. I would appreciate it if I got any input on this matter. I need to double check myself to make sure I'm on a legal status
Yes, you can go back to school. But you also need to find out if you were in violation of your status. On OPT, you cannot stay without working for more than a set period of days.
Though that is rarely enforced, it is good to keep in mind.
You can get an OPT only once per degree level. So, if you got your OPT for a master's level program, you cannot get another OPT for a master's level degree. You can get one for the Phd though. So keep that in mind when you go back to school.
Yes, you can go back to school. But you also need to find out if you were in violation of your status. On OPT, you cannot stay without working for more than a set period of days.
Though that is rarely enforced, it is good to keep in mind.
You can get an OPT only once per degree level. So, if you got your OPT for a master's level program, you cannot get another OPT for a master's level degree. You can get one for the Phd though. So keep that in mind when you go back to school.
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lecter
December 22nd, 2004, 05:00 PM
Complain? Nah, I am a D70 fan, nice camera.....
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SandeR2
03-10 11:52 AM
coolio!!
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abc
06-07 05:53 PM
Can anyone tell when will EB3 India crossover to May 2001 from April 2001 without any new law.
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wandmaker
08-19 01:56 PM
Hi Gurus,
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
With the current trend and chances of improper filing, I would not recommend you to join based on delivery receipt. Instead, you can join after you receive the receipt notice or approval. If I were you, I would choose the latter.
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
With the current trend and chances of improper filing, I would not recommend you to join based on delivery receipt. Instead, you can join after you receive the receipt notice or approval. If I were you, I would choose the latter.
more...
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kevinkris
01-08 02:05 PM
Is it Infopass or for approval of your 485?
Your public profile is not correct, please update it.
All the dates are 01/01/2005
Good luck.
Attended 485 Interview yesterday, everything went fine, the office told me that they need 120 days to review the file and will inform the decision after that. For me it looks like he basically collected all the documentation from me and will forward them to the Supervisor.
Your public profile is not correct, please update it.
All the dates are 01/01/2005
Good luck.
Attended 485 Interview yesterday, everything went fine, the office told me that they need 120 days to review the file and will inform the decision after that. For me it looks like he basically collected all the documentation from me and will forward them to the Supervisor.
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milindss
11-05 10:34 AM
Hello Gurus,
I transferred my H1 in June and later in September, I converted to premium and got a query. My employer sent all documents to them, I have to go to India on 24th Nov for my marriage, The H1 from my previous employer is valid until Dec 2008. I am planning to come back to US in December last week. Also I have to take appointment in India for my H1 stamping and H4 for my wife.
The application status says, they would respond in 60 days(?????) , for a premium processing ? Can you please advice, what I can do?
================================================== ===
Current Status: Response to request for evidence received, and case processing has resumed.
On xxxxxxx, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
===============================================
Any help will be highly appreciated.
Edit/Delete Message
I transferred my H1 in June and later in September, I converted to premium and got a query. My employer sent all documents to them, I have to go to India on 24th Nov for my marriage, The H1 from my previous employer is valid until Dec 2008. I am planning to come back to US in December last week. Also I have to take appointment in India for my H1 stamping and H4 for my wife.
The application status says, they would respond in 60 days(?????) , for a premium processing ? Can you please advice, what I can do?
================================================== ===
Current Status: Response to request for evidence received, and case processing has resumed.
On xxxxxxx, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
===============================================
Any help will be highly appreciated.
Edit/Delete Message
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k_usa
07-12 03:48 PM
Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
LOL123
11-24 03:59 PM
We filed our 485 on July 2nd 2007 at Nebraska office � EB3 � July 7, 2001
- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.
- Our date is now current however processing at Texas is still stuck at June 27, 2007.
- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??
- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.
- Our date is now current however processing at Texas is still stuck at June 27, 2007.
- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??
ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
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