robert5156
07-26 11:56 PM
I need your input.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
wallpaper Vegan Chocolate Cake Roses
DC ASH
09-20 10:14 AM
My corporate attorney told me that one is okay as long as one doesn't sya beyond 180 days from expiry without applying for a renewal, so you have 6 months to apply.
Better check with an attorney, but I am sure you are just fine.
Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
Are you saying that one can apply for extension within 180 days of H1b expiry date !?
Better check with an attorney, but I am sure you are just fine.
Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
Are you saying that one can apply for extension within 180 days of H1b expiry date !?
burnt
05-28 02:13 PM
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
2011 chocolate cake
mambarg
07-26 12:57 PM
This person mailed on June 28 and app received on June 29 and got his notice date on July 24. Today.
I could have been with him today but for my attorney who got extremely busy and did not file my 485 with 140 and got stuck with July fiasco
I could have been with him today but for my attorney who got extremely busy and did not file my 485 with 140 and got stuck with July fiasco
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santb1975
05-15 07:53 PM
Let's not lose momentum here
prioritydate
10-02 09:31 AM
I had the same problem when I left my last company. They withheld my 15 days pay, constantly asking me to provide the no dues letter. I complained to DOL(Personally gave a call to them). I also informed Ex-Harasser that I got no option to but to complain them about the non payment of the salary. The complained worked like a charm. They sent the paycheck overnight( payed 16$ for the Fedex, can't believe that it's true). The thing is, you just need to tell them that unless you get the pay, you have no option but to complain to DOL, in most of the cases, these crooks will listen.
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lahiribaba
02-11 02:45 AM
actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one
and then there was the big earthquake that swallowed the village and the beggars sitting under the one lone mango tree...
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one
and then there was the big earthquake that swallowed the village and the beggars sitting under the one lone mango tree...
2010 Devils Chocolate Cake w/
USDream2Dust
03-17 12:39 PM
As long as you have money and Good Credit, you should get Mortgage. I did it on EAD last year and they did came back and ask for H1B. Fortunately me and my wife both had valid H1bs and they approved the loan. I guess the problem stems from the fact that very few loan officers understand immigration.
But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()
Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.
Loans are getting harder to get day by day even with Good Credit.
Good Luck
USDream2Dust
But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()
Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.
Loans are getting harder to get day by day even with Good Credit.
Good Luck
USDream2Dust
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smartboy75
09-29 03:17 PM
Looks like an unique situation...no reply from anybody...
hair Snake birthday cake decorating
sledge_hammer
06-29 03:58 PM
^^^^
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fromnaija
02-18 10:11 AM
The reasons for retrogression are limit on the number of visas available (140,000) per year, country cap and the number of applications with USCIS for adjustment of status and with DOS for CP. Nobody knows how many applications are outstanding and so we cannot estimate PD movement accurately.
hot I made a chocolate cake base
txuser
03-11 09:39 AM
For me, it took around 1.5 months to receive the L2 approval notice. I filed online on 11/17/2009, mailed the hard copies of the documents (USPS Priority with delivery confirmation) the same day and received the L2 approval notice on 01/08/2010.
You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).
I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.
You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).
I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.
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house is a chocolate cake with a
kris101
07-25 12:11 AM
Dear psaxena,
I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?
Thanks
I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?
Thanks
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divs09
06-19 12:55 AM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
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pictures LusciousChocolateCake 32 1 jpg
485Mbe4001
11-18 07:28 PM
I would suggest trying for EB2 if possible. Due to the recent change in the visa allocation from vertical to horizontal most of the countries in EB 3 will be affected and movement will be slow. I dont know the number of applicants from Russia but dont expect any additional visa due to spillover. We have an applicant from Russia in our company, he applied in Eb2 and received his GC in 2 and a half years. Most of the EB3s are still rotting waiting for 4-6yrs.
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
dresses Very Thick Chocolate Cake
singhsa3
08-19 08:03 AM
Forgive me but being an active volunteer I am seeing state of the affair so was compelled to make these comments.
You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.
We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.
If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.
We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.
If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
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makeup I used Gianna#39;s Chocolate Cake
gcdreamer05
09-29 01:27 PM
If the doctor's office can give you claim codes, fine. Otherwise, you gotta do it yourself. Just submit the invoice copies with a good cover letter (explaining what it is). I did it with my insurance company and it went through smoothly. They treated our immigration medical exams as usual annual physical exams which are fully covered. Immunizations (i.e., vaccinations) are fully covered as well.
Maverick_2008-+
If you dont mind could you PM me or if it is ok with you share the name of your insurance provider so that we know and we too can file for reimbursement......
Maverick_2008-+
If you dont mind could you PM me or if it is ok with you share the name of your insurance provider so that we know and we too can file for reimbursement......
girlfriend Dark chocolate valentine cake
Ramba
05-14 04:27 PM
Guys,
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
This may be a valid suspiecion, we may not ruled out ...
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
This may be a valid suspiecion, we may not ruled out ...
hairstyles acquired cake decorating
GCDo
04-24 12:33 AM
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
jungalee43
03-16 09:55 AM
Thank you very much for your post. I am in identical situation and planning to use AP to travel to India. Your post gives me some confidence to travel.
I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.
Update to my post:
Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.
Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.
I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.
Update to my post:
Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.
Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.
pointlesswait
02-01 12:22 PM
I am looking for someone in chicago area or close..
i have used gowda for H transfer..few years back..was ok!
any reccos for IL area??
i have used gowda for H transfer..few years back..was ok!
any reccos for IL area??
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