gc_kaavaali
11-14 04:31 PM
It is upto you...you can intimate them for job changes...or wait for USCIS come back to you...they usually send you RFE...if you want details about how to intimate USCIS, please take a look at below link...somebody got GC after invoking AC21...so it is upto you. As far as job description...your labor has good details...it covers everything...I think u r fine...you can go ahead and join compnay....but i am not an attorney...contact your attorney...
http://boards.immigration.com/showthread.php?t=153407
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
http://boards.immigration.com/showthread.php?t=153407
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
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navyug
04-02 12:09 AM
Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..
You are fine as long as your I-140 with Company A is approved. Forget about the H-1B as the denial happened after you applied for adjustment of status. Also advise you not to reply to the 140 query regarding the substitution labor. Allow it to get denied. Yes your priority date will be Nov 2006 but atleast you are sure that you will get your GC eventually (provided you have maintained proper status from now until then). Use your AC21 to a stable company and live peacefully. Just remember to draw more than the promised wages on the labor of Company A until you get your GC.
You are fine as long as your I-140 with Company A is approved. Forget about the H-1B as the denial happened after you applied for adjustment of status. Also advise you not to reply to the 140 query regarding the substitution labor. Allow it to get denied. Yes your priority date will be Nov 2006 but atleast you are sure that you will get your GC eventually (provided you have maintained proper status from now until then). Use your AC21 to a stable company and live peacefully. Just remember to draw more than the promised wages on the labor of Company A until you get your GC.
pthoko
05-31 11:22 AM
My PD is current. Still I am not discontinuing my 50.00 per month contribution that I have been doing since january.
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Great Thank YOU, Guys like you have no match!!! :)
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friend99
10-09 09:46 PM
Everything ha0s been done through a Lawyer, I mean my application was applied through a Lawyer and still rejected for no reason!
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CatsintheCraddle
05-04 04:59 PM
No, the I-130 was never denied, I don't think it was ever approved either though. I have receipt notices for everything we applied for but on the website, I can only check updates for my EAD (forgot the # of form) and my I-485.
The letter of denial states it's my I-485 that has been denied, there is no mention of the I-130. Of course it then goes on to mention that any EAD's travel docs. etc have been revoked. I can not appeal the decision but I'm allowed to reapply or file for motion to have case re-opened.
I am worried about what box to check but I'm going to an info pass meeting tomorrow, I'm hoping they can help me with that.
The letter of denial states it's my I-485 that has been denied, there is no mention of the I-130. Of course it then goes on to mention that any EAD's travel docs. etc have been revoked. I can not appeal the decision but I'm allowed to reapply or file for motion to have case re-opened.
I am worried about what box to check but I'm going to an info pass meeting tomorrow, I'm hoping they can help me with that.
DarkChild
03-08 02:21 AM
Dark Child has no votes, someones gotta vote for him, hes got a really good layout.
thx man :thumb:
but it doesn't matter that much, dave's is better, i can handle that ;)
thx man :thumb:
but it doesn't matter that much, dave's is better, i can handle that ;)
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Sunx_2004
10-17 07:16 PM
July 17th no receipt yet
Just chill
;)
My application was filed on 19th July .However I have not received my receipts yet. Has your friend contacted the USCIS and inquired since 90 days are over?
Thanks,
Kapil
Just chill
;)
My application was filed on 19th July .However I have not received my receipts yet. Has your friend contacted the USCIS and inquired since 90 days are over?
Thanks,
Kapil
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pd2001_12
09-15 01:24 PM
Yes I got RFE like 1 month back about employment verification...
Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.
Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.
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maco
08-10 11:41 AM
Emailed my attorney immediately and he said that as long as the checks do not bounce the application is going to be OK.
It does not matter to the USCIS if the checks do not have the same address as on the I485.
thats sigh of relief for me.
My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
Not sure why attorneys do this
It does not matter to the USCIS if the checks do not have the same address as on the I485.
thats sigh of relief for me.
My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
Not sure why attorneys do this
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help43
09-10 09:19 PM
You are correct. I dont have any gap between opt and h1-B. I mean there is no out of status issue.
But generally if you are applied for h1-b to transfer from F1 status you will get new I-94(I797A) with H1-B approval. Most of my frends got the new I-94.
I do have my old I-94( I got it when i came to usa to pursue masters,There is no expiration date in it)
Which consulate is better for this case........to get solved.
According to my old consultancy i will get 5 paystubs from old consultancy and 2 paystubs from new (H1-B)consultancy is it enough to go to consulate?
But generally if you are applied for h1-b to transfer from F1 status you will get new I-94(I797A) with H1-B approval. Most of my frends got the new I-94.
I do have my old I-94( I got it when i came to usa to pursue masters,There is no expiration date in it)
Which consulate is better for this case........to get solved.
According to my old consultancy i will get 5 paystubs from old consultancy and 2 paystubs from new (H1-B)consultancy is it enough to go to consulate?
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dupedinjuly
07-10 02:48 PM
http://www.deseretnews.com/dn/view/0,1249,680197801,00.html
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
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ssa
11-14 01:51 AM
There is a lot of confusion on this topic - not just on the forums but even among practicing immigration lawyers. Bottom line is there is no clear cut wording in any USCIS rule or memo regarding this particular situation so it's open to interpretation. If your attorney is conservative in interpretation s/he will say use of EAD for any job would void H1B. Others say as long as you do not use EAD for the primary Job for which you have the approved H1B its okay to use EAD for other jobs. My own lawyer is in the later camp - the camp which believes use of EAD for secondary jobs does not constitute violation of H1B terms as long as you continue to work for the H1B sponsoring employer for full time. He is immigration attorney for a very big and prominent high tech company.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
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looivy
02-24 02:30 PM
This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
Thanks for sharing the information. Did they disclose what the admin processing was for?
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
Thanks for sharing the information. Did they disclose what the admin processing was for?
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GCAmigo
12-16 10:22 AM
This must be a "NJ" thing.
Yes. I got mine extended in FL with EAD.. but the extension was only for an year eventhough the EAD was for 2-years.
~GCA
Yes. I got mine extended in FL with EAD.. but the extension was only for an year eventhough the EAD was for 2-years.
~GCA
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Winner
04-23 12:46 PM
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
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help43
09-10 10:12 PM
H1-B amendment how many days it will take because my opt is going to expire in the month of december.
To get the h-1b appoval i have waited like 6 months.So how many days it will take for h1-b amendment?
If it got rejected while processing under h1-b amendment then what do i need to do to stay in the usa?
To get the h-1b appoval i have waited like 6 months.So how many days it will take for h1-b amendment?
If it got rejected while processing under h1-b amendment then what do i need to do to stay in the usa?
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Imigrait
08-30 06:45 PM
Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.
Is it Received date or Notice date?
Is it Received date or Notice date?
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kubmilegaGC
09-11 06:05 PM
bump..
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arnet
07-12 02:19 PM
it is highly unfortunate......if you dont mind, what is the new procedure, can we know? which stage u r in now? where u have to start it?
good luck.....
good luck.....
krishmunn
05-25 10:49 AM
I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.
Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?
everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?
I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.
Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !
Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?
everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?
I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.
Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !
GCWhru
08-04 05:04 PM
anoopraj2010,
We are also on the same boat. My GC (primary ) approved on Aug 2008 and my wife's 485 still pending, we have returned back from India last week and no questions asked about her AP.
We are also on the same boat. My GC (primary ) approved on Aug 2008 and my wife's 485 still pending, we have returned back from India last week and no questions asked about her AP.
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