vikramy
06-22 10:22 AM
Looks like you don't have any GC application pending. From what i know you can not work. You can only start working after your MTR gets approved.
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
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Ennada
01-13 10:21 AM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
gcseeker2002
10-26 01:00 PM
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
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sankar_203
04-01 04:54 PM
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
more...
thamizhan
07-18 10:15 AM
Any information about returned applicantion filed for July ?
coopheal
03-15 03:16 AM
Why should I contribute?
I'm not going to do.
For this I'll get red dots, and will be banned.
I do not care.
If you don�t want to contribute, then don�t. There is no need to brag about it.
You are not doing any noble cause by not contributing.
IV volunteers have every right to ask for contribution on various forums.
Least you can do is not confront them on contribution.
I'm not going to do.
For this I'll get red dots, and will be banned.
I do not care.
If you don�t want to contribute, then don�t. There is no need to brag about it.
You are not doing any noble cause by not contributing.
IV volunteers have every right to ask for contribution on various forums.
Least you can do is not confront them on contribution.
more...
minimalist
10-28 01:18 PM
Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.
I Wish God Give me Strength to Fight Legal Immigration Injustice.
When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad
So, I know god is with me.
Wish all so deserved people Green Card this year.
This is the first time I came across.
I Wish God Give me Strength to Fight Legal Immigration Injustice.
When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad
So, I know god is with me.
Wish all so deserved people Green Card this year.
This is the first time I came across.
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gc_buddy
01-20 06:15 PM
I think you should be fine. My understanding is that USCIS would look at your pay stubs to determine if you have a gap. As you will have continuous pay stubs before and after the HI transfer, you should fine...
I will let other senior people comment too...
I will let other senior people comment too...
more...
adde72
07-17 06:10 PM
Donate so we can continue fighting!
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
Order Details - Jul 17, 2007 6:38 PM EDT
Google Order #376816648638727
Print
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100 $100.00
Tax (VA) : $0.00
Total: $100.00
Purchased from:
Immigration Voice
PO Box 114
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UNITED STATES
850 391-4966
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http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
Order Details - Jul 17, 2007 6:38 PM EDT
Google Order #376816648638727
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100 $100.00
Tax (VA) : $0.00
Total: $100.00
Purchased from:
Immigration Voice
PO Box 114
Dayton NJ 08810
UNITED STATES
850 391-4966
\
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Cali2006
07-07 09:59 PM
Hi,
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
If your position requires a MS + 1 year of experience, you must have had the MS + 1 year of experience when you started the job. If you obtained your MS after you started the job this criteria would not be valid.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
If your position requires a MS + 1 year of experience, you must have had the MS + 1 year of experience when you started the job. If you obtained your MS after you started the job this criteria would not be valid.
more...
yetanotherguyinline
11-09 01:01 PM
I have decent writing skills and can help.
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smuggymba
05-20 09:56 AM
How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
Did you contribute even 50 dollars for April advocacy now that you want IV to work exclusively for you?
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
Did you contribute even 50 dollars for April advocacy now that you want IV to work exclusively for you?
more...
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milind70
04-27 06:05 PM
Thank you amslonewolf but i already had this one with me. At Mandal Revenue office(MRO) people are not accepting this format.
If there is any other formatt that will be great to me. Once again thanks for you help on this..
I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
This is my expereince but i would suggest please consult an attorney.
If there is any other formatt that will be great to me. Once again thanks for you help on this..
I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
This is my expereince but i would suggest please consult an attorney.
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mdmd10
09-11 03:59 PM
Just voted. I am still waiting for a miracle.
more...
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new_gc
12-17 12:59 PM
guys,
I have a situation here....i travel a lot due to a contracting job and take my family with me...we shift every 6 months once...due to this we had to face a lot of hassle in receiving fp notice and ap,ead etc...is it ok for us to use a p.o box address?so that i can get my mails every week whereever i am.....please advice...looking forward to your replies....
I have a situation here....i travel a lot due to a contracting job and take my family with me...we shift every 6 months once...due to this we had to face a lot of hassle in receiving fp notice and ap,ead etc...is it ok for us to use a p.o box address?so that i can get my mails every week whereever i am.....please advice...looking forward to your replies....
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gcformeornot
05-21 04:30 PM
......
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Templarian
08-27 11:16 PM
Double posting bump this thing.
I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).
I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).
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kondur_007
03-17 05:44 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.
If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).
Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)
Good Luck.
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.
If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).
Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)
Good Luck.
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ilikekilo
05-27 12:22 PM
When did they say they have repealed AC21? Is this true?
Regarding (6) above, it is not 10K, more like 5K.
form immigrationlaw.com
Final Version of Sanders' Amendment of H-1B Supplemental Fee and American Student Scholarship Fund as Passed
The controversial Sanders' amendment initially was passed in the Senate last week which imposes $3,500 (or $1,750) for a supplemental fee for the American Student Scholarship Fund. The supplemental fee is added to the current fees that include $1,500 (or $750) ACWIA fee, $500 fraud prevention fee, and $190 H-1B petition (which will in itself increase substantially when the fee increase regulation is implemented). Go figure! The text of the final amendment is as follows:
SEC. 713. SUPPLEMENTAL FEES.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:``(15)(A) In each instance where the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee pursuant to paragraph (9) or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall impose a supplemental fee on the employer in addition to any other fee required by such paragraph or any other provision of law, in the amount determined under subparagraph (B).
``(B) The amount of the supplemental fee shall be $3,500, except that the fee shall be 1/2 that amount for any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(x).''
Initially it was proposed to charge $10,000!!!
Regarding (6) above, it is not 10K, more like 5K.
form immigrationlaw.com
Final Version of Sanders' Amendment of H-1B Supplemental Fee and American Student Scholarship Fund as Passed
The controversial Sanders' amendment initially was passed in the Senate last week which imposes $3,500 (or $1,750) for a supplemental fee for the American Student Scholarship Fund. The supplemental fee is added to the current fees that include $1,500 (or $750) ACWIA fee, $500 fraud prevention fee, and $190 H-1B petition (which will in itself increase substantially when the fee increase regulation is implemented). Go figure! The text of the final amendment is as follows:
SEC. 713. SUPPLEMENTAL FEES.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:``(15)(A) In each instance where the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee pursuant to paragraph (9) or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall impose a supplemental fee on the employer in addition to any other fee required by such paragraph or any other provision of law, in the amount determined under subparagraph (B).
``(B) The amount of the supplemental fee shall be $3,500, except that the fee shall be 1/2 that amount for any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(x).''
Initially it was proposed to charge $10,000!!!
bablata2007
11-27 04:01 PM
Thanks for the information. Definitely helpful. I will keep an eye open for any other information on these sticky situations.
krishna_2001
01-13 07:19 PM
Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
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