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  • psgprasad
    02-22 10:32 AM
    I had the same problem last year.

    1. Attorney Aron Finkelstein in Sheila murthy office helped me out.
    This is what we did, We filed an MTR to consider my case in Eb3, with it we also attached a new application for Eb3 and specified in Mtr, to consider our new application if they fail to accept my MTR. My new application for Eb3 was approved.

    I cant help you on your EAd and stuff ,as I know your EAD becomes invalid immediately once your 485 is denied, which will be denied if your underlying 140 application is denied.


    I would suggest, you contact a attorney soon.

    My suggestions are my experience and stuff, I am not an attorney to give you legal advise.





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  • nixstor
    12-02 10:42 PM
    IV is not for any particular nationals. While ROW is also affected because of retrogression, India and China are severely affected and there is hardly any movement in EB2/3 for India. The hard country limits in EB system and inability to capture unused visa numbers are just 2 of the many reasons responsible for retrogression. These forums have been misused by some people to advertise about their firm. May be the other member skimmed through the post and considered it a similar ad. OP has given a fitting response. Welcome to IV.





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  • go_guy123
    10-21 05:05 PM
    LOL...similar to yours?( except that you have chargeability:India)
    I'm sure you've a valid reason..just could not resist the post.

    True...actually I was also thinking about it. But one needs to be wary. A lot of
    anti-EB reform people look at these bills and in order to find out the status...post messages in IV and then decide on strategy of whether to call lawmakers.





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  • tabletpc
    08-24 03:05 PM
    "Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?"...

    Won't be surprised though..!!!. Y don't they just swap the available visa dates of EB1 and Eb3...????



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  • gcbikari
    03-18 11:57 AM
    Most of people file taxes jointly and so I am wondering if it becomes an issue for spouse on H4 about false info on income.

    If your wife is on H4 she has no income hence she qualifies for free medicaid insurance. provided you fill out the forms the right way.

    And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.

    You might need to buy insurance for you.





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  • gc_on_demand
    04-30 03:01 PM
    Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.

    Here is link. Will some body hear it and post the updates?

    http://judiciary.senate.gov/hearings/hearing.cfm?id=3793


    Thanks in advance.

    Alan Greenspan is talking about H1b and other highly skilled immigrant's issues. Also mentioned about Housing Crisis.



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  • FinalGC
    03-30 11:58 AM
    Thanks guys for all the wisdom....I believe I knew the answer, but needed a 2nd opinion...

    I had to renew my H1 visa, so was wondering what would happen if my GC was to get approved and my dependents remain pending, before the h1 is applied. My GC is still pending, hope to see some Green soon....maybe this year. All the best for all of you.





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  • chantu
    02-29 12:24 PM
    Thanks guys for your replies. My employer has more than 100 consultants and I think it is a stable financially. I never had any problems in my salary. I was paid on time always.

    So you mean after appeal they can approve my I140?

    I do not know my PD. But my labor was filed sometime in Dec 2006.



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  • krogot
    02-15 06:35 PM
    Hello,

    I currently have my PERM for EB3 approved and the company lawyers are about to file I-140. But the priority date for filing I-485 is still 2002, which is not very exciting :( So I'm thinking about switching to EB2.
    I have BS degree and 51 month of work experience prior joining the current company, so I'm short on 9 month for qualifying for "BS+5". I've been with company for 2 years now and recently was promoted from "Software Engineer" to "Software Architect". I've read that I can use my current employer experience if the new position is more than 50% different from the previous one.

    Does it make sense for me to ask my employer to restart my GC process and show that my current position is more than 50% different? Does it make sense for me to start looking for another job, because the experience I gained with the current company qualifies me for "BS+5"?

    I really like working in the company, so if it's possible I'd prefer to stay there, but waiting for 8 years to apply for I-485 really worries me...





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  • Blog Feeds
    04-26 11:20 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)



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  • mmanurker
    05-22 03:00 PM
    Thanks for your Reply.
    My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?

    pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
    Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.

    can you pls reveal the name of your employer?





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  • uma001
    06-23 09:10 AM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.

    I feel sorry for you. I came to US on H1 in 1998.Did not file green card and left US in 2004 came back again in 2006 on H1. Still have not filed green card.



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  • sreeanne
    01-01 01:47 PM
    Guys,

    Happy New Year for everyone in this forum....

    Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...

    I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....

    I will talk to lawyer soon on this and let u know but any insight is helpful from you all..

    Thank you
    Sree





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  • sw33t
    11-04 11:52 PM
    Alright folks:

    I need your help. We have 87 registered members in the Texas State Chapter and we have decided to shoot for 100 by the end of this week.

    If you are from Texas or know someone living in Texas, I request you to urge them to sign-up with the Texas State Chapter.

    We have some exciting events coming up and please use this opportunity to get notified of local events, critical updates and action items.


    Existing texas members, please keep this thread alive!

    GO OPERATION 100!!!!



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  • maximus777
    10-27 06:34 PM
    Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.

    It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?

    Thanks again!





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  • a_yaja
    06-05 10:12 PM
    Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".

    Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?

    I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.



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  • beautifulMind
    02-24 09:03 AM
    Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.

    No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140





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  • gsc999
    08-07 03:05 PM
    Hi,
    I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?

    Here is the situation:
    ------------------

    Your help will be greatly appreciated
    Thanks

    --
    Yes, I just spoke with another IV member who is in your situation and he is visting Canada later this month to take care of this issue





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  • skark
    03-18 11:55 AM
    I just noticed in I-765 that if you are applying for EAD renewal then they need you to send your current Employment authorization document! Did anyone that applied for EAD renewal send their EAD card with their application. I'm concerned because if one is working on EAD and needs to send this document 120 days prior for the renewal process and does not get the new EAD for couple months, what proof does one have on work authorization?

    I dont want to apply online as I dont want to go for biometrics (FP) again for EAD!





    bijualex29
    03-24 12:32 PM
    Please read 140,000+290,000 as 290,000+480,000





    HRPRO
    02-10 09:31 AM
    Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?

    Krish,

    it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.

    HRPRO



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  • thomachan72
    06-13 02:36 PM
    ---
    Polk1848: Stop patronizing us. Your condescending attitude won't go far on this forum. Each one of IV member is a quintessential American in the making. We understand the American dream far better then many born American citizen, who think everybody else owe them something just because they were born in USA. We, on the other hand are living and moving towards the classic American dream. A good start will be to join us in our cause instead of demanding we oppose Hispanics or undocumented immigrants.
    I appreciate your clarity of thought and very good sense of direction. Many of us seem to have lost that and are directionless now. Keep it up!!





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  • richi121175
    01-08 05:59 PM
    One of my colleague did withdraw his PF in an exactly same situation (not in TCS though), and you can definitely file 10C and 19 directly with the PF office without involving your employer. PF administration is now much more efficient and strictly works on behalf of employees, not employers. Even if any PF amount is not deposited by the company, PF has started taking immidiate actions against them.

    thanks for the response.

    Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case





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  • rocky17105
    07-28 12:28 AM
    Not sure if i cant use the EAD. My lawyer said if USCIS hasnt revoked the EAD it is safe to use it. Currently though I am on H1B which is valid for one more month.

    It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?





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  • GCard_Dream
    12-01 11:17 AM
    That's very true but the fact that you will no longer be tied to one employer/career and can freely move around the industry to find that dream job is worth much more than EAD fee, unless ofcourse you already have that dream job. :rolleyes:

    This can be very important when your spouse cannot work now. Irrespective of this, EAD renewals have to be thought about every 8-9 months or so (remember someone saying you need to apply 3 months in advance).

    Maybe you will have to take up a side job to pay for your frequent EAD renewals.:cool:



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  • logiclife
    06-02 05:35 PM
    IV on Bay Area TV - FOX-2 (KTVU)

    Pratik Dakwala of Immigration Voice was interviewed by KTVU, a local Fox affiliate of San Francisco Bay area. The name of the interviewer was Priya David.
    The program will be telecast between 5PM and 6PM Pacific standard time and the interview is about 5-6 minutes long.

    Dont live in Bay area:
    If you dont live in San Francisco/San Jose area, you can see the link that they would upload on website : http://www.ktvu.com/index.html. We will post the link here once available.

    If you live in San Francisco/Bay area:
    This will be probably available only in Bay Area and nearby areas where they can have KTVU Fox-2. The good thing is, since this is a local channel, I dont think you need cable to see this. However, if you do have cable I am sure you can see it, but then I am not sure whether it will be channel 2 or some other channel.

    This is one more media coverage event in the series of events that has helped immigration voice highlight the problems of legal employment-based immigrants. Other media stories that covered Immigration Voice can be found here(also a menu item on home page): IV in the News (http://www.immigrationvoice.org/index.php?option=com_weblinks&catid=19&Itemid=27)



    Thanks.





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  • SGP
    12-09 02:25 PM
    I don't know who is worse the democrats or the republicans ...

    I am sorry to say but, they are all the same. Choose which do you want to go with "Devil" OR "Deep Sea". Marna to tumhe hai hi :(



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  • sreekanth
    10-02 11:36 AM
    This article is old (Dt:06-Sep-06) but has correctly predicted about SKILL bill going to lame-duck session.
    It would be great if our core members get in touch with the executive editors of Information week (All contact information listed in informationweek.com) and send a document representing our issues. There is a good chance that it gets printed.
    Information week magazine has a nationwide audience including CEO's who can push our case for lobbying. They have printed various articles in the past about HIB and Greencard issues.
    http://www.informationweek.com/outsourcing/showArticle.jhtml?articleID=192503648


    Regards,
    Sreekanth





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  • gneerajg
    07-27 02:03 AM
    Hi,
    I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not

    Neeraj



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  • GCard_Dream
    12-01 11:13 AM
    I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)


    The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.





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  • arukala
    01-20 03:02 PM
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  • mattresscoil
    11-05 02:42 PM
    They might not necessarily ask you, but its always safe to have the below documents.
    In our case, they asked us once and the other time, they did not care.

    1. Copies of Passport of both the parents (page with picture and name details)
    2. A letter authorizing your in-laws to accompany your daughter.

    Get it notarized if you can. If not, send the signed copies.

    If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
    dipmay2002, never_giveup:

    Thanks for the information. I drafted a letter with itinerary, our details, child details, accompanying passenger details, our passport pages, birth certificate. We will get the letter notarized at the bank close by.

    Thank you all for the inputs. It feels great to belong to this forum where people respond not only to immigration related queries but general issues that prospective immigrants face. Thanks to those who voice their opinions too ;-)





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  • cvk90
    07-05 11:46 AM
    Hello,
    I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
    My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
    PLEASE HELP.



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  • alterego
    09-25 06:55 PM
    This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.

    My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.

    I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!





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  • bharol
    10-09 08:38 PM
    Visitor visa/Business visa for Germany .I have plan business trip to Germany but to get visa, German consulate web site saying they will need visa stamp in passport. My visa stamp in passport is expired and I had use AP for my last entry.
    Does any have done European visa with above condition .Please share your thoughts?
    Thanks


    All you need is proof that you shall get entry back in USA.
    I got my German visa through www.visanetwork.com
    They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.



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  • panky72
    06-19 03:43 PM
    As far as I know, NO he cannot.

    That's correct. I clarified it with my attorney in past. Primary applicant has to maintain H-1 status to support H-4 for the spouse and he cannot use EAD to work.





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  • gjoe
    10-10 04:18 PM
    Marry me...i like funny people......

    /thread

    How did you know Kumar1 has an earlier PD than yours? :):p



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  • transpass
    08-02 01:23 PM
    USCIS will approve 2 yrs EAD only if the dates are not current and visa is not available for that particular case. in my case my pd is always current and visa is available.

    Dude/Dudet...

    It's better for you if you fill form 7001 with ombudsman office and get going...It's insane...:eek:





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  • aguy
    01-05 12:53 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?





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  • morchu
    04-22 09:41 AM
    Since your H4 COS is not approved yet, you are not YET in H4 status.

    So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.

    Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.

    This is a typical situation where you should file for Premium Processing (of H1 COS).


    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.





    njboy
    03-07 06:36 AM
    it would be difficult to show how a french degree is useful in your current job. Many companies get h1-b approved by showing a "business necessity"..ie, they need travel agents who speak a certain Indian language etc. Doing an MBA definitely will help, but not with the current job description. They are going to ask why the job requires an MBA?Ofcourse if you got a job teaching French, h1-b visa will be granted.





    dreamworld
    12-18 05:21 PM
    :confused:
    You should reply to that letter saying that you are Not US Citizen. It is very important to reply to that notice and be a responsible US resident.



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  • Blog Feeds
    11-30 03:21 AM
    Department of State Visa Office provided explanation of its monthly determination of employment preference cut-of dates and data used in determining employment based cut-off dates for December 2010.

    Each month, the State Department subdivides the annual preference and foreign state limitations specified by the Immigration and Nationality Act into monthly allotments based on totals of documentarily qualified Immigrant Visa applicants reported at consular posts and Immigration Offices, grouped by foreign state chargeability, preference category, and priority date.

    If there are sufficient numbers in a category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000, the category will be "Current�. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for the particular month, the category is "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.

    For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.

    Click here for a detailed chart with to demonstrate the above examples. Download file (http://www.visalawyerblog.com/visa%20allocationnumbers%20explianed%2011-22-2010.pdf)





    More... (http://www.visalawyerblog.com/2010/11/visa_bulletin_how_employment_p.html)





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  • honeyB
    01-23 04:21 PM
    bump





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  • Nickjr
    10-10 12:35 PM
    Yes I have done recently ( Last week)

    I went to France consulate and all they wanted to see was my EAD so if you have Valid EAD u should be fine

    Thx
    Praveen





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  • trueguy
    08-11 10:53 AM
    Hi WillWin,

    Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..

    Please vote here for prior to 2004 cases;

    http://immigrationvoice.org/forum/showthread.php?t=20768



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  • ssd213
    02-25 04:53 PM
    Bear in mind the following

    You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)

    For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)





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  • mandyharper
    November 9th, 2004, 06:41 AM
    I am new to SLR photography so I do not have any lenses or leanings to any particular manufacturer. My US$1000 has to buy atleast one lense to get me up and running.

    I was going to buy the Digital Rebel but I am now considering waiting to see what the Olympus Evolt performs like. I need to have a camera before mid December as I am going on vacation.

    Any comments? Is four-thirds here to stay?

    :confused:



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  • hebbar77
    12-09 09:01 PM
    On bench with GC... Thats like you are out of job isn't it? On H1 if this happens its also illegal. I assume bench means no pay or LOWER than normal pay for the job.





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  • jasmin45
    08-06 10:23 AM
    Hello everyone,new to the forum
    Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
    So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
    I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
    I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.



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  • Edison99
    06-02 08:40 AM
    Great;
    Hi Edison99,
    I requested for interfiling by sending an email to ebupdate.tsc@dhs.gov.

    Regards,
    Satya





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  • Macaca
    07-17 11:11 AM
    Here is my classic quote:


    Please accept my humble and sincere "Shame on You" compliment, if you fit all of the following:

    Have IV ID OR visit IV as guest.
    Been visiting IV forums for 1+ month.
    Have not contributed a single penny to IV. [MOST IMPORTANT]
    Will benefit (and/or ARE BENEFITTING) from IV.

    I wonder how you can live with yourself benefiting from the sweat of others.

    Please help yourself by contributing asap.



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  • andr.in
    10-05 03:44 AM
    It was all done in 3DS MAX! =)
    http://www.hot.ee/syko/kirupaf1.jpg
    btw: I made the sig today and it took me about 10 minutes or so... =)





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  • indianabacklog
    10-24 03:44 PM
    I am very keen to try and get a state chapter from Indiana. There have to be at least half a dozen of us.

    There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.

    From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!

    By this location I mean where Ashleys furniture is on US 31 and 146th Street.

    I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.



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  • tampacoolie
    07-05 07:31 PM
    Anyone with US earned income can contribute to 401(k) and IRA. I have my own Roth IRA and employer 401k plan. I contribute to both.





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  • engineer
    07-16 07:14 PM
    Argument:
    Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?



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  • JunRN
    08-09 02:57 PM
    My gully, I should have issued personal cheque instead of asking the atty. to use his cheques. I could then saved the trouble of asking the atty. everynow and then.

    I still have 20 days left before I could get my RN based on the rate of receipting recently.





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  • gc4arun
    08-23 03:09 PM
    Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?

    SoP

    Yes, I had been provided a standard list of documents to come prepared with. Some of them included:

    1. All EAD's APs's
    2. I 94
    3. Tax returns last 3 years
    4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
    5. Passport
    6. Drivers license
    7. All H1b's
    8. Marriage certificate

    There were other items in the list, but were not relevant to my case.

    My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.

    So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
    hope that answers all your questions



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  • vgayalu
    01-26 08:14 AM
    Do not worry.

    Try after one day.It will set.




    Hello,

    I have a profile for online case status monitoring and because I attempted
    logins with wrong password, I am locked out.

    I get the following message:

    Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.


    Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.

    Thanks in advance.





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  • chantu
    02-29 12:24 PM
    Thanks guys for your replies. My employer has more than 100 consultants and I think it is a stable financially. I never had any problems in my salary. I was paid on time always.

    So you mean after appeal they can approve my I140?

    I do not know my PD. But my labor was filed sometime in Dec 2006.





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  • sukhyani
    01-27 10:51 AM
    Birth Certificate didnt have my name and my stupid lawyer had not submitted the employment letter. We then submitted my parents' affidavit, school records and employment letter.

    Later on my case was transferred to National Benefits Center and now this interview.





    crazyghoda
    05-12 07:08 PM
    Interesting. That's why I always fly the US - India non-stop by Delta or Continental nowadays. No more dealing with nonsense from 3rd countries in Europe and their rude immigration officers.





    imneedy
    05-02 09:25 AM
    I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.

    I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140

    Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.

    My pririty date is still not current....

    beautifulMind - does your new I-140 have old priority date from EB3?

    I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!