txh1b
04-16 02:31 PM
Other option is Try to get from University. They will have the copy for the sure.
OP already did that and they seem to have purged it as per his first post.
OP already did that and they seem to have purged it as per his first post.
unseenguy
06-19 01:27 AM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
After filing, i received the receipt number and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
You have been working illegally and hence do as directed on the petition. I am not sure 290B is going to help you.
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
After filing, i received the receipt number and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
You have been working illegally and hence do as directed on the petition. I am not sure 290B is going to help you.
for_gc
09-21 11:52 AM
I don't agree with more fees for 485 etc ...
They are already taking too much money out of us ...
They are already taking too much money out of us ...
pbojja
04-22 11:11 AM
Recently we have seen lot of 140 case transfers from NSC to TSC
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
more...
kaarmaa
05-04 11:48 AM
What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
whoever
02-12 08:52 AM
no, will not move our pd. their very few nurses have pd's in previous years. you may be optimist but not because eb3 pd category will move. you will see for yourself.
more...
helpfriends
04-17 09:07 AM
They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.
Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
reddymjm
03-16 01:26 PM
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
more...
cherupally
09-17 05:46 PM
But if your form is signed with today's date then doctor might want you to take blood work again as they are no longer invalid if they are more than 1 yr old.
Again this are grey areas.There are no concrete answers.
I was not sure about this. I guess medicals are valid for 15months (if I am not wrong). But again, I just sent the medicals with new I-693 form with old results (like old wine in the new bottle :) ). Its just that the Doctor forgot to fill couple of check boxes, so I hope they accept it.
Again this are grey areas.There are no concrete answers.
I was not sure about this. I guess medicals are valid for 15months (if I am not wrong). But again, I just sent the medicals with new I-693 form with old results (like old wine in the new bottle :) ). Its just that the Doctor forgot to fill couple of check boxes, so I hope they accept it.
forgerator
08-20 02:18 PM
goel I know that, I have already done that twice in previous stampings at Canada. Each time I went a day before to the Scotia branch prior to my appointment. What concerns me is this statement.
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010
My appointment is for Sept 8. To pay MRV fee prior to Sept 1, I need to be physically in Canada at a Scotia bank branch before Sept 1. Today it is Aug 20, and I still havent gotten my passport back in mail yet with Canadian visa stamped on it. My scheduled arrival in Canada is Sept 7 so I can take care of Scotia bank receipt prior to appointment. But their statement says, the fee needs to be paid prior to Sept 1.
See my point?
Btw this just came out I think yesterday.
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010
My appointment is for Sept 8. To pay MRV fee prior to Sept 1, I need to be physically in Canada at a Scotia bank branch before Sept 1. Today it is Aug 20, and I still havent gotten my passport back in mail yet with Canadian visa stamped on it. My scheduled arrival in Canada is Sept 7 so I can take care of Scotia bank receipt prior to appointment. But their statement says, the fee needs to be paid prior to Sept 1.
See my point?
Btw this just came out I think yesterday.
more...
averagedesi
07-13 02:57 PM
Here is an excerpt from the blogs of one immigration attorneys
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
disco
02-11 01:11 AM
Nikhil2,
I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.
My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.
I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.
Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.
Thanks
I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.
I spent a whole night and cannot find any info about this.
Do you happen to know this? Any comments or links would be appreciated.
I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.
My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.
I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.
Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.
Thanks
I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.
I spent a whole night and cannot find any info about this.
Do you happen to know this? Any comments or links would be appreciated.
more...
prem_goel
07-06 12:48 AM
Please update your profile so that I and others can help you effectively.
Can you share the link where you read that adding F1 to I-485 application is allowed? I am pretty sure that being on F-1 visa the intent to immigrate is not recognized. (Think about it, we would have all the students applying for Green cards then:)
You need to share your priority date as well as when you applied for 485. Assuming your 485 has been pre-adjudicated like a lot of people, I would think an RFE would only be triggered if you have any service records update (like address change on 485, I-140 withdrawl etc). Else they'll just wait for your dates to get current and once it is, they'll simply allot you a visa number.
Secondly, please recognize that once you lose your H-1b status, you will not be able to add your wife to 485 through AOS, but she will have to go through Consular Processing (UNLESS YOUR WIFE OBTAINS HER OWN H-1B or L-1).
Can you share the link where you read that adding F1 to I-485 application is allowed? I am pretty sure that being on F-1 visa the intent to immigrate is not recognized. (Think about it, we would have all the students applying for Green cards then:)
You need to share your priority date as well as when you applied for 485. Assuming your 485 has been pre-adjudicated like a lot of people, I would think an RFE would only be triggered if you have any service records update (like address change on 485, I-140 withdrawl etc). Else they'll just wait for your dates to get current and once it is, they'll simply allot you a visa number.
Secondly, please recognize that once you lose your H-1b status, you will not be able to add your wife to 485 through AOS, but she will have to go through Consular Processing (UNLESS YOUR WIFE OBTAINS HER OWN H-1B or L-1).
bombaysardar
07-23 03:35 PM
J. BARRRET - Jul 2nd at 10:25 AM
same person, same time :)
same person, same time :)
more...
Ven
01-19 06:46 PM
did u request a change, ex address change,..
lazycis
01-15 11:41 AM
Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?
Yes, it's indirect deduction.
Yes, it's indirect deduction.
more...
neoneo
07-23 02:56 PM
Next will be : What was the color of your envelope ? ..LOL C'mon people . :D :D
ghost
06-22 01:14 PM
Just an assessment on where we are collectively as a group:
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
sri1309
02-11 07:48 PM
Guys,
I just wanted to see if I can make a point with my thread and hence gather some support for the common cause,. ease the pain for EB2/EB3 guys.
I started this thread a month back. So how many of you, or those you know, lost their jobs in the last one month. Just a study. And wanted to press on the same point as the 1st post I did.
If you had lost a job, would you do more now to high light our problems..and participate more.. ??
I just wanted to see if I can make a point with my thread and hence gather some support for the common cause,. ease the pain for EB2/EB3 guys.
I started this thread a month back. So how many of you, or those you know, lost their jobs in the last one month. Just a study. And wanted to press on the same point as the 1st post I did.
If you had lost a job, would you do more now to high light our problems..and participate more.. ??
apt29
11-23 02:11 PM
Checkout this form. You can request duplicate approval. http://www.uscis.gov/files/form/I-824.pdf. But probably your employer should file for it.
jonty_11
07-24 01:47 PM
"filing 2 AOS is not possible"..it is not written is law....so dont advise that it is illegal.
However, as a part of this community, we encourage people to file one AOS per individual...it not only reduces the long lines at USCIS...but also will avoid u unecessary delays as teh general notion is taht USCIS will send RFE or a letter stating u have 2 AOS's fo r same individual which one u wanna keep....so lets all just file one per application...
Already there are close to half a million applications looming at USCIS's doorstep...
However, as a part of this community, we encourage people to file one AOS per individual...it not only reduces the long lines at USCIS...but also will avoid u unecessary delays as teh general notion is taht USCIS will send RFE or a letter stating u have 2 AOS's fo r same individual which one u wanna keep....so lets all just file one per application...
Already there are close to half a million applications looming at USCIS's doorstep...
