newlife2
09-19 10:17 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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snathan
07-31 01:23 PM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you
frostrated
09-23 01:28 PM
tell them she is in legal status, like that of a H4. also, you might say that she is not going to study as a full time student and therefore does not need a student visa. how many courses she takes up after getting admission is totally different.
2011 of the rock and Journey.
prinive
03-27 12:26 PM
Thanks Buddy...
Any one else ...
I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?
My Receipt ID: 54118296K6578915K
Any one else ...
I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?
My Receipt ID: 54118296K6578915K
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singhsa3
10-22 09:05 AM
But I've got two A#s and so as my spouse...
I do not think so, even though you have two application , there will be only 1 A# for each applicant.
We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.
We did not apply for EAD and AP, through my wife. I applied from my side for both of us.
I do not think so, even though you have two application , there will be only 1 A# for each applicant.
We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.
We did not apply for EAD and AP, through my wife. I applied from my side for both of us.
paskal
10-02 05:03 PM
C'mon folks...after San Jose and DC we look up to you for inspiration. The awe inspiring energy and motivation of the Cal chapters will serve as as an example for all others.
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
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whiteStallion
10-17 11:52 PM
If you open a company on EAD, you are eligible for any positions that pay by W2 right?
If you have an EAD, you can take up any job which pays by W2... Opening a company has nothing to do with it.
If you are opening a company and you do Corp to Corp with any other vendor or Consultancy, then they will pay your corporation...and you get paid. From your side that is business income and you can deduct your expenses.
If you have an EAD, you can take up any job which pays by W2... Opening a company has nothing to do with it.
If you are opening a company and you do Corp to Corp with any other vendor or Consultancy, then they will pay your corporation...and you get paid. From your side that is business income and you can deduct your expenses.
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fromnaija
07-21 03:45 AM
If by Phoenix you mean Phoenix, Arizona, You are welcome! I live in Phoenix. I hope you are prepared for the HEAT!
You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
more...
sanjay
09-06 10:42 AM
Contact Lou Dobbs and tell him to do a story so he knows what we are going through :)
LOL... This is the best suggestion I had seen so far in this thread.;)
LOL... This is the best suggestion I had seen so far in this thread.;)
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rajmalhotra
02-08 04:46 PM
This refers to only duplicate filling through same employer, there are no rules for applying multiple fillings through multiple employers:
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
more...
RDB
09-02 11:09 PM
That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.
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herns
03-07 12:02 PM
So, as someone already said, if your approved 140 isn't revoked within 180 days and your 485 isn't adjudicated as well, you are ok. You may want to find a job soon though so you don't have trouble transferring
With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.
I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.
The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.
Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.
For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.
Thank you.
With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.
I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.
The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.
Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.
For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.
Thank you.
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jcrajput
10-01 11:31 AM
They said refile application at the address mentioned at the bootom of the reject notice. And it is from Chicago Service Center.
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thepaew
11-09 07:43 AM
I have decent writing skills and can help with writing or reviewing any documents or presentation materials. I don't live near the DC area but am willing to meet MA lawmakers locally.
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MA Chapter
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MA Chapter
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hariswaminathan
01-21 07:15 PM
If your husband is on H1-B he should NOT have an expired I-94 as this would mean he is out of status. I presume you have extended his H1-B (I797 approval) which would have your new I-94 attached to it.
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
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smiledentist
06-14 01:36 PM
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 2006 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
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deecha
08-06 11:17 AM
I filed my EB3 LC Substitution I-140 with the copy of the labor. It has been pending since June 2006.
Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.
Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.
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cbpds
02-11 01:26 PM
you can send it via usps , it will reach in 10 days.
Disclaimer: Again there is always an element of risk in life :)
Disclaimer: Again there is always an element of risk in life :)
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knowDOL
07-27 11:05 AM
If GC is not your priority and you are ready to pay money every year to your attorney you can leave your company in the middle of all this. If I were you, even if I am not from India or China I would not have left a company that has a PD of 2002.
After I140 approval your PD is locked and you can apply for H1B transfer along with 3 year extension and you can file I485 with your 2002 PD. Even though you are not from China or India noone is sure that EB2 world will be current throughout the 2007 fiscal year. So, one step at a time. Cool down and go slow.
Dear all
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
After I140 approval your PD is locked and you can apply for H1B transfer along with 3 year extension and you can file I485 with your 2002 PD. Even though you are not from China or India noone is sure that EB2 world will be current throughout the 2007 fiscal year. So, one step at a time. Cool down and go slow.
Dear all
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
Madhuri
02-19 04:58 PM
I came back on Feb 17th from India.
My visa expiry date: Sept 2009
PP expires July 2009
I -94 I got is till July- 99
The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.
My visa expiry date: Sept 2009
PP expires July 2009
I -94 I got is till July- 99
The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.
zofa30
09-14 11:52 AM
bc_rp,
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?
Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.
Thanks
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?
Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.
Thanks
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