newlife2
09-19 10:41 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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laksmi
02-18 02:33 PM
Is paystub needed When a person is on H1B and is out of project when AOS on 485.
I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.
Do a H transfer immediately with some other company so that u remain in status...
Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.
I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.
Do a H transfer immediately with some other company so that u remain in status...
Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.
satyasaich
12-03 04:37 PM
Very useful information and thanks for sharing.
Truly i have no idea that people on H1B (for example) are also eligible for some sort of benefits.
Good to know
Satya
Satyasaich you are wrong on multiple levels. People with an EAD are in fact eligible for unemployment insurance. Here (http://nelp.3cdn.net/5727e33f7447025233_1ym6b9eh4.pdf) is a document with more information. This is not to say that availing of that benefit might not harm your green card prospects. What you are, in fact, referring to are social security benefits which are different from unemployment benefits.
Truly i have no idea that people on H1B (for example) are also eligible for some sort of benefits.
Good to know
Satya
Satyasaich you are wrong on multiple levels. People with an EAD are in fact eligible for unemployment insurance. Here (http://nelp.3cdn.net/5727e33f7447025233_1ym6b9eh4.pdf) is a document with more information. This is not to say that availing of that benefit might not harm your green card prospects. What you are, in fact, referring to are social security benefits which are different from unemployment benefits.
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new2perm
05-29 10:03 AM
Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting
Can you please read the following statement in my above post?.. 'I dont know how true it is...just sharing what I have heard.'
Can you please read the following statement in my above post?.. 'I dont know how true it is...just sharing what I have heard.'
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davehoover
06-27 08:41 AM
If you have your I 140 approved already. A# will appear on the approval notice.
nanibabu
10-06 10:49 PM
Nevermind. Online status of my case just changed to Card production ordered. Finally.
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Desertfox
10-30 08:33 PM
is it from the receipt date or notice date?
It starts from the receipt date, and USCIS confirmed it multiple times in their receipting update on the website.
It starts from the receipt date, and USCIS confirmed it multiple times in their receipting update on the website.
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amit_sp
03-27 03:47 PM
I went to Vancouver consulate in Jun 2006 and had very good experience. My appointment was at 8.00 am and I was out of the consulate by 9.00 am. The officer asked me which company I work for and my job description. No questions were asked to my wife. I have also been to Toronto and Montreal consulates in last 3 years for the visa stamping; however Vancouver staff was most friendly. I got my passport the next day.
However as the process has changed recently, it might take longer to get the passports back. Please don't carry anything other than your wallet and documents and that too in a folder; NOT a bag. In case they don't let you in, there's a small cafe on the opposite side of the road. You can pay some money to the guy or buy something later and he would allow to keep your stuff there.
However as the process has changed recently, it might take longer to get the passports back. Please don't carry anything other than your wallet and documents and that too in a folder; NOT a bag. In case they don't let you in, there's a small cafe on the opposite side of the road. You can pay some money to the guy or buy something later and he would allow to keep your stuff there.
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zCool
04-02 10:58 PM
I think you should get to the bottom of it.
#1 Get the actual RFE from the lawyer see what is reply by date mentioned there.
#2 Make sure your employer isn't playing games. No one can be expected to divulge financial details to every employee but at least get the extent of changes required. Normally if everything is okay, all that is needed for A2P is Tax documents, Earning statements, W3s, Wage reports.. pretty standard stuff that employer is supposed to have anyways..
If actual return needs to be amended, That may not happen in couple of days, in that case you should work with attorny to see your options abt delayed response etc.
#3 Find out why it was delayed.. who dropped the ball and when!
This is insane, if they don't want to support your application they should just say so..
#1 Get the actual RFE from the lawyer see what is reply by date mentioned there.
#2 Make sure your employer isn't playing games. No one can be expected to divulge financial details to every employee but at least get the extent of changes required. Normally if everything is okay, all that is needed for A2P is Tax documents, Earning statements, W3s, Wage reports.. pretty standard stuff that employer is supposed to have anyways..
If actual return needs to be amended, That may not happen in couple of days, in that case you should work with attorny to see your options abt delayed response etc.
#3 Find out why it was delayed.. who dropped the ball and when!
This is insane, if they don't want to support your application they should just say so..
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GCwaitforever
07-20 07:01 PM
Please participate in the immigration lawyers conference call on 28th.
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shsk
07-20 08:57 PM
I checked with my attorney, they advised better not to change address until EAD is received.
If it is emergency then address can be changed but with this confusion and emergency filing it adds to some more confusion :confused:
If it is emergency then address can be changed but with this confusion and emergency filing it adds to some more confusion :confused:
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ameryki
10-17 08:29 PM
Boss once you get an ead after applying for 485 one must consider taking the risks after 180 days because the chances of getting that 485 denied are slim to none unless your application has opportunities if you know what i mean.:)
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meridiani.planum
12-19 12:45 AM
There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.
2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.
2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.
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smuggymba
09-14 02:09 PM
I feel paid and verified membership is much better. That way we can raise the money and we won't have trash talkers between us and we will know everyone by name......a team rather than an online platform. Just a thought.
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rocket
01-08 03:20 PM
you guys are missing the point. contest rules have to be followed to the letter because they are a legal contract. if the rules state that the parents have to be legal residents then that's the way it is. if they decide to change the rules for the next contest due to political pressure , fine. but now they are opening themselves up to lawsuits for not following their own contract. i think it's funny how so many people are in favor of breaking the law as long as it suits their agenda. oh wait these are all people in favor of people breaking the law to come to america illegally. correct me if i'm wrong.
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lazycis
12-05 12:42 PM
Here is a good article on the subject with references to the US law and caselaw:
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
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aamchimumbai
07-23 12:05 AM
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
girlfriend Rhian Sugden Gallery
jotv
11-19 08:27 PM
hello,
i took only one dd totally 4322 (4000+322) for h1b first time stamping.in thehdfc bank some other people also did the same thing.
if its wrong means how come hdfc people will give dd as a single one.
please tell me is it ok because i already took the appointment also. is there anybody please suggest me. before going to interview is there any dds i have to take ? your suggestion is really helpful for me.
i took only one dd totally 4322 (4000+322) for h1b first time stamping.in thehdfc bank some other people also did the same thing.
if its wrong means how come hdfc people will give dd as a single one.
please tell me is it ok because i already took the appointment also. is there anybody please suggest me. before going to interview is there any dds i have to take ? your suggestion is really helpful for me.
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amslonewolf
11-19 02:46 PM
http://cli.gs/De4Z4u
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
glus
06-07 08:08 AM
The only option you have is to get into the U.S. and start working for the employer who sponsored your H-1B. After you establish that you work for the employer, you may start looking for another company, who can then do a transfer with H-1B extension for you, or you can ask your original employer to file extension of H-1B for you. In either case, you did not loose any of the 6 year time. The time starts counting after you enter U.S and are in H-1B status.
eb3retro
06-17 01:20 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...
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