sri1309
05-14 03:36 PM
I-485 applicant (employment based) MUST have permanent job offer AT ALL TIMES until I-485 is approved.
This could be unfair to the I-485 applicant, but that's the law.
Desi,
Can you please clarify if you meant a Job offer, or a Job.
I can be jobless for next 3 months, but can have a permanent job offer from Company X for a date after 6 months. So I can hold my job offer letter all the time when I am jobless, cant I?. Lets say I'm in training
This could be unfair to the I-485 applicant, but that's the law.
Desi,
Can you please clarify if you meant a Job offer, or a Job.
I can be jobless for next 3 months, but can have a permanent job offer from Company X for a date after 6 months. So I can hold my job offer letter all the time when I am jobless, cant I?. Lets say I'm in training
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Michael chertoff
01-08 04:02 PM
Most people here now are so bored, vexed and annoyed with Visa Bulletin that they don't even want to think of it.
I had stopped thinking about it as for reason
1. It moves with the speed of a local train. You never know when it would reach destination.
2. Neither my predictions nor my hopes ever got it right.
3. GC will come when it had to come and there is no point in thinking about it.
In India I use to see these lines on lot's of calenders.
jab jab jo jo hona hota hai woh tab tab hota hai.
So, there is no point in waiting for VB.
Sanjay...dont worry man.. we all wil go green one day.
I had stopped thinking about it as for reason
1. It moves with the speed of a local train. You never know when it would reach destination.
2. Neither my predictions nor my hopes ever got it right.
3. GC will come when it had to come and there is no point in thinking about it.
In India I use to see these lines on lot's of calenders.
jab jab jo jo hona hota hai woh tab tab hota hai.
So, there is no point in waiting for VB.
Sanjay...dont worry man.. we all wil go green one day.
pappu
02-09 12:07 PM
You have limited options.
- you can appeal
- Send a formal letter of complaint to Mumbai Consulate, US ambassador, Indian ambassador in US, NRI ministry.
Indian govt. cannot do anything against US Consulate decisions on visa matters. Unless the person denied a visa has a very high profile. Only then they can take it up diplomatically and that too with approval from the top.
- you can appeal
- Send a formal letter of complaint to Mumbai Consulate, US ambassador, Indian ambassador in US, NRI ministry.
Indian govt. cannot do anything against US Consulate decisions on visa matters. Unless the person denied a visa has a very high profile. Only then they can take it up diplomatically and that too with approval from the top.
2011 Animal Cell
mariofan
02-25 06:47 AM
cheers electongeek! much appreiciated <- is that spelt correctly?
thanks for the support - keep up the good work with your site!
mariofan
thanks for the support - keep up the good work with your site!
mariofan
more...
mdubbaka
03-12 01:04 AM
Please refer to the following related thread:
http://immigrationvoice.org/forum/showthread.php?t=17660
I just spoke to Mike Swift of mercury news and he wants to talk to the people who fits the following profile from "Bay Area"
a) Having an advance degree
b) Going through green card process for sometime
c) Postponing major investment decisions (like buying new car, house etc) due to the uncertainity in the green card process.
Please send me a private message or contact me at singhsa3@yahoo.com ASAP. Please come forward as this may be the big break we were waiting for.
I am ready to help.I have an advance degree in computer science and waiting for GC since last 5 years
http://immigrationvoice.org/forum/showthread.php?t=17660
I just spoke to Mike Swift of mercury news and he wants to talk to the people who fits the following profile from "Bay Area"
a) Having an advance degree
b) Going through green card process for sometime
c) Postponing major investment decisions (like buying new car, house etc) due to the uncertainity in the green card process.
Please send me a private message or contact me at singhsa3@yahoo.com ASAP. Please come forward as this may be the big break we were waiting for.
I am ready to help.I have an advance degree in computer science and waiting for GC since last 5 years
rameshvaid
09-15 08:19 PM
Hi,
My H1B visa application at Chennai Consulate ran into additional administrative processing requirements. I was given a pink slip stating that the visa cannot be issued until then under Section 221(g). My I-485 application has been pending since Aug 2007 and this is a regular H1B extension petition. ( In hindsight I wonder if I should not have applied for a visa at all and used my Advanced Parole to return-- only the lawyer was recommending to maintain a valid H1B if possible without much difficulty).
I have gotten the H1B stamping at Chennai Consulate for the same employer few years back. Not sure why they would require more processing now. I gave all the information requested by the interviewing visa officer and I had almost all documents in hand starting from I20, tax returns for the past 10 years, bank statements, experience letters etc etc. But were not asked for.
Does anybody know of any way of speeding up this additional administrative processing?
Can anything be done other than waiting for the passport in the mail?
Does anybody know what is being done in the name of additional administrative processing?
Thanks.
As long as your company is legitimate and in existance, You will be just fine it is a matter of time. Same thing happened to me and my family last year in Montreal and it tooks 55 days to get our passports back..
Yes, you are right, u should have used AP but the lawyers want to make more money and always advise for H1 and same thing was advised to me..
You can search my thread "Stuck in Montreal" and will know what pain I have gone through.
Just sit tight and hope your company understands the same. If possible have your attorney send them letters every week through AILA and ask/provide them any and all info. they need. This might work in your favor. My attorney used to send them letters every week and I am sure this did work foe me.
Good Luck..
RV
My H1B visa application at Chennai Consulate ran into additional administrative processing requirements. I was given a pink slip stating that the visa cannot be issued until then under Section 221(g). My I-485 application has been pending since Aug 2007 and this is a regular H1B extension petition. ( In hindsight I wonder if I should not have applied for a visa at all and used my Advanced Parole to return-- only the lawyer was recommending to maintain a valid H1B if possible without much difficulty).
I have gotten the H1B stamping at Chennai Consulate for the same employer few years back. Not sure why they would require more processing now. I gave all the information requested by the interviewing visa officer and I had almost all documents in hand starting from I20, tax returns for the past 10 years, bank statements, experience letters etc etc. But were not asked for.
Does anybody know of any way of speeding up this additional administrative processing?
Can anything be done other than waiting for the passport in the mail?
Does anybody know what is being done in the name of additional administrative processing?
Thanks.
As long as your company is legitimate and in existance, You will be just fine it is a matter of time. Same thing happened to me and my family last year in Montreal and it tooks 55 days to get our passports back..
Yes, you are right, u should have used AP but the lawyers want to make more money and always advise for H1 and same thing was advised to me..
You can search my thread "Stuck in Montreal" and will know what pain I have gone through.
Just sit tight and hope your company understands the same. If possible have your attorney send them letters every week through AILA and ask/provide them any and all info. they need. This might work in your favor. My attorney used to send them letters every week and I am sure this did work foe me.
Good Luck..
RV
more...
gc4menu
05-21 10:42 PM
I sent my renewal application with $305 fee for me and my spouse each. USCIS sent it back asking me to resend the application with new fee $385. Even I thought that fee does not apply to AOS status candidates unless USCIS has misjudged my application type which I don't think so because I had specified my current status on the application. So the fee is $385.
I thought biometrics does not apply to Advance parole applicants...can anyone confirm this?
I thought biometrics does not apply to Advance parole applicants...can anyone confirm this?
2010 Animal Cell
askbz1
02-23 01:37 PM
Labor filed: Oct 2007
6 years H1 End Date: Sep 15 2008.
I was falling short by 45 days to meet the 365 days limit. So, my attorney suggested me to stay out of the country for about 50 days (5 days more to be on safe side) to get the 7th year extension based on 365 days rule. So, for the 50 days I was working from our India office. (Its not mandatory for you to work. Just a vacation should be fine if it is less number of days).
So, I was out country in Feb 2008 and Mar 2008. After coming back, In April 2008, filed for a re-capture petition to recapture the days spent outside the country. It was approved in July 2008. Filed for 7th year extension in August 2008 based on Labor pending for 365 days rule and got the approval in Nov 2008. Currently working on 7th year extension.
Hope this helps.
6 years H1 End Date: Sep 15 2008.
I was falling short by 45 days to meet the 365 days limit. So, my attorney suggested me to stay out of the country for about 50 days (5 days more to be on safe side) to get the 7th year extension based on 365 days rule. So, for the 50 days I was working from our India office. (Its not mandatory for you to work. Just a vacation should be fine if it is less number of days).
So, I was out country in Feb 2008 and Mar 2008. After coming back, In April 2008, filed for a re-capture petition to recapture the days spent outside the country. It was approved in July 2008. Filed for 7th year extension in August 2008 based on Labor pending for 365 days rule and got the approval in Nov 2008. Currently working on 7th year extension.
Hope this helps.
more...
pd_recapturing
04-27 09:31 PM
Thanks redcard, a_yaja and Sundeep for your valuable information. I appreciated it.
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alterego
01-08 07:40 PM
Ahh Ronnie, but here is!
7% is true for China's 1.3 billion people (20% of humanity) as well as Antigua's 69K!
The same is true for a vote in the UN!
The country ceilings seem to appear only with China and India (occasionally with Mexico and the Phillipines).
7% is true for China's 1.3 billion people (20% of humanity) as well as Antigua's 69K!
The same is true for a vote in the UN!
The country ceilings seem to appear only with China and India (occasionally with Mexico and the Phillipines).
more...
amitjoey
07-05 06:15 PM
USCIS DOS made a blunder...its time to make them pay for this by bombarding them with 485 applications and make them do some work for a change...through legal recourse....coz other wise they WILL JUST NOT MOVE THEIR A**
EXACTLY!!
EXACTLY!!
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slowwin
05-14 02:06 PM
has anybody been asked to submit past I-94s? such as the I-94s that were given to me in the 9 years that i stayed here? i did not keep copies of all those... i gave those away to the folks on the airport... why do they want that now?
10 years ago even before I moved to USA for school, I was warned to keep a copy of every notice, approval, I-20's , I-94's , what not etc. I did so and after 10 years and counting , I have to haul a mid sized brief case every time I travel out of the country.:D:D:D
I did read the same advise I got, recently on murthy web site.
regards,
slowwin
10 years ago even before I moved to USA for school, I was warned to keep a copy of every notice, approval, I-20's , I-94's , what not etc. I did so and after 10 years and counting , I have to haul a mid sized brief case every time I travel out of the country.:D:D:D
I did read the same advise I got, recently on murthy web site.
regards,
slowwin
more...
house 2011 plant and animal cell
morchu
05-14 09:13 AM
It is rather illogical that USCIS expects you to be ready to reply to an employment RFE any time they ask, anytime during the whole 10 year (or more) waiting in que period of 485. But that is the truth. You probably will get 30 days, in case of an RFE. And you may be lucky/unlucky based on the USCIS timing of the RFE.
Answer to your questions
1. Withdrawal of 140 has no effect at this point.
2. if the RFE is regarding EVL you are screwed if you are cannot find a same/similar position in time frame to reply to RFE. There are some options like "self-employment", maybe difficult to prove as a GC job. There are some threads talking in detail about them.
3. A "legitimate" offer of "permanent" employment is in "same/similar" is sufficient. But it is on the shoulder of the applicant to prove the keywords : "legitimate", "permanent" & "same/similar".
4. Being "employed" has no advantage/disadvantage. Being employed at "same/similar" job is the key, when replying to RFE.
5. Maybe some other members can refer from their experience. But I hear that it is 30 days now.
6. -------
Gurus,
I am in desperate need of help.
I am an Aug 2007 485 filer (after I140 was approved). Have been on EAD for over a year. Prior to that was on 7-8th year extension on
H1b (so that is now exhausted).
I was just laid off, my last day will be May 15th. I have not been able to find a new job with same (or even different) responsibilities.
What are my options?
1. What happens if my previous company withdraws the I140 application and USCIS sents a RFE?
2. If I receive a RFE and I don't have a new job, what are my options?
3. Can I show an offer letter from a company? Will that suffice or do I need to show pay-stubs, salary slips, project information etc?
4. Can I be employed by a company and be on the bench (not getting paid) while I look for a similar job?
5. If I get a RFE from USCIS, how much time do I have to find a new job with similar responsibilites and responsd to RFE.
6. Can anyone recommend a really good immigration lawyer in San Francisco, San Jose area?
Any help will be HIGHLY appreciated.
Thanks all.
- S
Answer to your questions
1. Withdrawal of 140 has no effect at this point.
2. if the RFE is regarding EVL you are screwed if you are cannot find a same/similar position in time frame to reply to RFE. There are some options like "self-employment", maybe difficult to prove as a GC job. There are some threads talking in detail about them.
3. A "legitimate" offer of "permanent" employment is in "same/similar" is sufficient. But it is on the shoulder of the applicant to prove the keywords : "legitimate", "permanent" & "same/similar".
4. Being "employed" has no advantage/disadvantage. Being employed at "same/similar" job is the key, when replying to RFE.
5. Maybe some other members can refer from their experience. But I hear that it is 30 days now.
6. -------
Gurus,
I am in desperate need of help.
I am an Aug 2007 485 filer (after I140 was approved). Have been on EAD for over a year. Prior to that was on 7-8th year extension on
H1b (so that is now exhausted).
I was just laid off, my last day will be May 15th. I have not been able to find a new job with same (or even different) responsibilities.
What are my options?
1. What happens if my previous company withdraws the I140 application and USCIS sents a RFE?
2. If I receive a RFE and I don't have a new job, what are my options?
3. Can I show an offer letter from a company? Will that suffice or do I need to show pay-stubs, salary slips, project information etc?
4. Can I be employed by a company and be on the bench (not getting paid) while I look for a similar job?
5. If I get a RFE from USCIS, how much time do I have to find a new job with similar responsibilites and responsd to RFE.
6. Can anyone recommend a really good immigration lawyer in San Francisco, San Jose area?
Any help will be HIGHLY appreciated.
Thanks all.
- S
tattoo Labeled diagram of cell or
funny
10-02 03:49 PM
Thank you for contacting my office.
Congressional courtesy prevents me from replying to emails if I cannot determine that you are a constituent of mine.
If you are not a resident of California's 8th Congressional District and are contacting me in regard to my role as Speaker, please email me at AmericanVoices@mail.house.gov.
If you are a resident of the 8th District of California, please contact my office in Washington, DC at (202) 225-4965 to be added to our database.
Lets email her at AmericanVoices@mail.house.gov.
8th District of California is An Francisco City...Everybody from San Francisco..Please email her at sf.nancy@mail.house.gov everybody please email her at AmericanVoices@mail.house.gov.
Its not even a phone call, Its just an email...I know you send so many Fwd. Junk emails to 100 of people in you list and you know that you don't get benifit from those junk emails other then causing more network traffic...by sending this one email you might actually get benifitted......please send this one too...You never know when your prayers might be heared and you get good fortune...:D Thats the kind of stuff those emails have , right?
Congressional courtesy prevents me from replying to emails if I cannot determine that you are a constituent of mine.
If you are not a resident of California's 8th Congressional District and are contacting me in regard to my role as Speaker, please email me at AmericanVoices@mail.house.gov.
If you are a resident of the 8th District of California, please contact my office in Washington, DC at (202) 225-4965 to be added to our database.
Lets email her at AmericanVoices@mail.house.gov.
8th District of California is An Francisco City...Everybody from San Francisco..Please email her at sf.nancy@mail.house.gov everybody please email her at AmericanVoices@mail.house.gov.
Its not even a phone call, Its just an email...I know you send so many Fwd. Junk emails to 100 of people in you list and you know that you don't get benifit from those junk emails other then causing more network traffic...by sending this one email you might actually get benifitted......please send this one too...You never know when your prayers might be heared and you get good fortune...:D Thats the kind of stuff those emails have , right?
more...
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ksairi
02-16 07:50 PM
http://www.cnbc.com/id/15840232?video=182664970&play=1
dresses Animal Cell Project Model
mbawa2574
08-19 10:04 PM
The ideal place for the rally. Either near Wall Street or Times Square
more...
makeup Worksheet - WikiEducator
gc_check
08-13 01:29 PM
After 9 years of being in the US and after years of waiting for the GC processing, the quest for GC finally ended today with the approval of I-485 and the welcome email from USCIS. It is an overwhelming feeling which puts an end to the saga of constant worrying about what will happen to my GC and whether I�ll have to leave US if the GC didn�t work out for whatever reason. I have personally known several friends who had to leave to Canada after the unsuccessful bid for GC here and that experience didn�t make this journey any easier.
I just want to thank all IV members (and immigrationportal members before IV) who have provided invaluable suggestions and help during this long, difficult, and sometimes depressing journey and I wish you all the best for those who are still in the process.
Congrats !! It must have felt really cool to see such an email.
Notice from your profile, you had mentioned as EB3, Since EB3 is "U" for all categories, I thiink you might be @ EB2 Category. Can you please update your profile and also good luck on your approval.
I just want to thank all IV members (and immigrationportal members before IV) who have provided invaluable suggestions and help during this long, difficult, and sometimes depressing journey and I wish you all the best for those who are still in the process.
Congrats !! It must have felt really cool to see such an email.
Notice from your profile, you had mentioned as EB3, Since EB3 is "U" for all categories, I thiink you might be @ EB2 Category. Can you please update your profile and also good luck on your approval.
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sanan
04-05 11:26 AM
But those two jobs don't really need specialized skills or do they?
How would you get an H1 for being a realtor/loan officer?:confused:
yes. if you have the needed qualifications on paper and there is a employer ready to sponsor you and pay you salary per market rates. (not comissions). you need a new h1b.
How would you get an H1 for being a realtor/loan officer?:confused:
yes. if you have the needed qualifications on paper and there is a employer ready to sponsor you and pay you salary per market rates. (not comissions). you need a new h1b.
hairstyles Diagram 4.15: The main organs
whiteStallion
01-07 09:25 PM
I guess you are missing a little history, which transpired in the IV community in the last 2 months...
The EB2-EB3 porting legality issue and SunnySurya's role in the same :D
SunnySurya is the patent holder to advice ?
The EB2-EB3 porting legality issue and SunnySurya's role in the same :D
SunnySurya is the patent holder to advice ?
chi_shark
05-06 12:29 AM
Gurus,
I have received an RFE asking for 5 different things. one of them is asking for evidence of work status since the day I came to US first time. Now, while going through my H1 approvals, i came across something that seems a little wierd, but i have emails from those days to tell me that i was in clear legal territory. however, given that i have this rfe, i want to run this by you gurus...
i was with one of the big indian IT firms when i came to US. my first h1 approval expired on Jun 2004 and the next one from the same company was valid from the very next day to nov 2006. However, I applied for H1 transfer in nov 2004 (got receipt notice in nov2004) and then started working for a desi consulting company in Dec 2004. The H1 transfer approval came along in Feb 2005 with "approved from" date as Feb 14 2005. So for the period between Dec 13 2004 and Feb 14 2005 when I was working with the desi consulting company based on a H1-Transfer receipt notice, what is my legal status? I know for sure and have emails from the employer confirming that it was ok to work on a receipt notice without actual approval in hand... but my memory fails me for now... so, how is this supposed to work? any ideas?
I have received an RFE asking for 5 different things. one of them is asking for evidence of work status since the day I came to US first time. Now, while going through my H1 approvals, i came across something that seems a little wierd, but i have emails from those days to tell me that i was in clear legal territory. however, given that i have this rfe, i want to run this by you gurus...
i was with one of the big indian IT firms when i came to US. my first h1 approval expired on Jun 2004 and the next one from the same company was valid from the very next day to nov 2006. However, I applied for H1 transfer in nov 2004 (got receipt notice in nov2004) and then started working for a desi consulting company in Dec 2004. The H1 transfer approval came along in Feb 2005 with "approved from" date as Feb 14 2005. So for the period between Dec 13 2004 and Feb 14 2005 when I was working with the desi consulting company based on a H1-Transfer receipt notice, what is my legal status? I know for sure and have emails from the employer confirming that it was ok to work on a receipt notice without actual approval in hand... but my memory fails me for now... so, how is this supposed to work? any ideas?
PHANI_TAVVALA
02-13 03:19 PM
Dear Adviser,
I am end of my 6th year of H1B and my current employer filed H1B extension using my approved I-140 (and I don't have EAD). However my employer took the advantage of this situation and reduced my salary drastically. I am planning to change my employer after I receive my H1B extension. Now I have following questions
1. If I accept new job with new employer and transfer my H1B to new employer, by what time (months, years..) my new employer has to file PERM? Either my new employer has to file PERM immediately after I join? Or they can file before one year of expiry of transferred H1B (by assuming I will get 3 years extension using my approved I-140)?
Your new employer can start PERM even before joining them. Sooner the better. You will get a 3-year extension with the current I-140 and when you join new employer you will get a 3-year extension as long as your employer doesnot revoke I-140 or your I-140 has been approved more than 6-months back.
I can plan my future employment based on your response. Thank you very much for your time.
2. What if my current employer cancels my I-140 when I moved to new employer? Still can I use that I-140 to port my priority date to new employer?
If your I-140 has been approved more than 6-months back then your employer cancelling your I-140 does not have affect in capturing your priority date though it can affect your H1B approval with new employer. Your best strategy would be to ask your new employer to apply for H1B based on current I-140, while you keep working with your current employer. Also ask them to simultaneously start working on PERM. Once you get H1B approval (not just receipt) you can quit your current employer.
I am end of my 6th year of H1B and my current employer filed H1B extension using my approved I-140 (and I don't have EAD). However my employer took the advantage of this situation and reduced my salary drastically. I am planning to change my employer after I receive my H1B extension. Now I have following questions
1. If I accept new job with new employer and transfer my H1B to new employer, by what time (months, years..) my new employer has to file PERM? Either my new employer has to file PERM immediately after I join? Or they can file before one year of expiry of transferred H1B (by assuming I will get 3 years extension using my approved I-140)?
Your new employer can start PERM even before joining them. Sooner the better. You will get a 3-year extension with the current I-140 and when you join new employer you will get a 3-year extension as long as your employer doesnot revoke I-140 or your I-140 has been approved more than 6-months back.
I can plan my future employment based on your response. Thank you very much for your time.
2. What if my current employer cancels my I-140 when I moved to new employer? Still can I use that I-140 to port my priority date to new employer?
If your I-140 has been approved more than 6-months back then your employer cancelling your I-140 does not have affect in capturing your priority date though it can affect your H1B approval with new employer. Your best strategy would be to ask your new employer to apply for H1B based on current I-140, while you keep working with your current employer. Also ask them to simultaneously start working on PERM. Once you get H1B approval (not just receipt) you can quit your current employer.
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