bbct
04-16 11:21 AM
That really sucks.
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
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validIV
03-25 01:09 PM
Iam actually not out of status...i will be instatus for 2 more months ....
If my dream of concurrent in 2009...i will be glad to apply 485.
Thanks
You are H-1 and unemployed for 4 weeks? How are you in status?
If my dream of concurrent in 2009...i will be glad to apply 485.
Thanks
You are H-1 and unemployed for 4 weeks? How are you in status?
pappu
09-01 09:17 AM
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
yes you can start working when the application is filed. If you have time then i'd prefer you wait for the reciept notice confirming your application has reached and then switch jobs.
Please reply its kind of urgent for me.
Thanks.
yes you can start working when the application is filed. If you have time then i'd prefer you wait for the reciept notice confirming your application has reached and then switch jobs.
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amitkhare77
08-14 11:20 PM
Hi Gurus
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
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anilvt
08-13 09:10 PM
IO told me in infopass that she can't tell me about my name check and don't worry about it since 180 day rule applies ,....i guess she had good knowledge of the rule
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hibworker
03-17 12:15 PM
Any recent experiences please.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
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singhsa3
07-18 02:27 PM
I am also mad, people like these abuse the whole system.
Sorry admin, I got mad at this guy.
Sorry admin, I got mad at this guy.
more...
krishnam70
05-06 11:43 AM
I have been a silent follower of IV for more than a year but this is my first post so be kind :)
I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().
I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.
The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.
I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.
Thanks in advance :)
1. A letter from your employer with same or similar job description and title ( check the equivalency list)
2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.
- cheers
kris
I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().
I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.
The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.
I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.
Thanks in advance :)
1. A letter from your employer with same or similar job description and title ( check the equivalency list)
2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.
- cheers
kris
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Ann Ruben
01-12 10:15 PM
You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
more...
desi3933
03-19 11:14 AM
Is it still possible to transfer your H1B to another employer
Yes
... and return back to USA on the old visa?
No. You will need new visa stamp.
Yes
... and return back to USA on the old visa?
No. You will need new visa stamp.
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harry15
02-07 12:26 PM
Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?
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salaryVictim
06-09 05:34 PM
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
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sweet_jungle
11-25 02:30 AM
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
Ombudsman responded saying that my PD is the older PD. Looks like the earlier response was an error.
NSC AILA liason has also confirmed it.
Ombudsman responded saying that my PD is the older PD. Looks like the earlier response was an error.
NSC AILA liason has also confirmed it.
more...
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stucklabor
03-16 12:38 PM
I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
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pcs
06-26 08:26 PM
please PM me your tel no and I will call. We at Detroit are having a good get together and I can easily push it with the guys here but need to know what you want to do ? Maybe you can even call me on the phone when we are meeting
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rajarao
12-17 12:12 PM
I traveled- chicago-frankfurt-bangalore- H1B extended but visa stamp expired. No one asked anything while going.
While coming back they checked my AP at bangalore only (Check-in, indian immigration and boarding). no one asked for it in Frankfurt.
on I-94 that they give in flight, leave the visa issuance date blank (air line crew did not understand what AP is?).
While coming back they checked my AP at bangalore only (Check-in, indian immigration and boarding). no one asked for it in Frankfurt.
on I-94 that they give in flight, leave the visa issuance date blank (air line crew did not understand what AP is?).
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fromnaija
07-10 12:08 PM
This being your first post on this forum, I'd like to advise that you include URL in your post otherwise one might think you are making this up.
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
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amsgc
02-01 12:11 AM
On reading a bit about PIMS, it seems that if your information is not in the KCC, then the US consulate sends a request to Kentucky for information. It turns out KCC has access to the CLAIMS3 system used by the USCIS, and they generally respond in 48 hrs. Here is the link:
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
jnraajan
04-11 02:36 PM
Hi,
My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?
I have two questions here.
1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).
Please help me by answeringthese questions.
Regards,
Brahma Reddy
There are so many threads on this forum regarding Transit Visas. Please search for those thread for answers. I have listed a couple of thread regarding this.
http://immigrationvoice.org/forum/showthread.php?t=15864
http://immigrationvoice.org/forum/showthread.php?t=14564
My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?
I have two questions here.
1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).
Please help me by answeringthese questions.
Regards,
Brahma Reddy
There are so many threads on this forum regarding Transit Visas. Please search for those thread for answers. I have listed a couple of thread regarding this.
http://immigrationvoice.org/forum/showthread.php?t=15864
http://immigrationvoice.org/forum/showthread.php?t=14564
kiwi
06-22 09:32 AM
This is from my attorney:
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.
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