gcsucks
06-01 02:58 PM
ya so if i can atleast file my 485 i can be relieved that i will not have to leave the country ! Everybody has the same problem buddy
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uma001
08-18 05:19 PM
Guys,
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4
jayleno
03-11 06:02 PM
Buddy,
Are you the same person as the one who posted this? Has someone hijacked your id or your brain?
http://immigrationvoice.org/forum/showthread.php?p=129163#post129163
You are asking an employer to do you a favor by sponsoring you a labor certification without a bonafide intent on your part to join the company.
I am sure you would be willing to pay money to the employer for that.
Please just get off this immigration boards these are for broad issues not a forum to encourage dubious if not illegal activity.
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Are you the same person as the one who posted this? Has someone hijacked your id or your brain?
http://immigrationvoice.org/forum/showthread.php?p=129163#post129163
You are asking an employer to do you a favor by sponsoring you a labor certification without a bonafide intent on your part to join the company.
I am sure you would be willing to pay money to the employer for that.
Please just get off this immigration boards these are for broad issues not a forum to encourage dubious if not illegal activity.
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
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pappu
07-16 02:35 PM
This is just a recycle of WSJ article that came out today. Nothing new. IV posted this last Friday already and we were the first. Please use your judgment and not use such comments as inside information.
more...
EB3June03
06-16 06:17 PM
Like the original poster, I too am in the US for more than 11 years (12th year about to complete)
I too had my PPD test (skin test for TB) come out positive but i don't know exactly how big the size was.
I just came from a civil surgeon who said that i might have to undergo the treatment for it if the size was above 10 mm. He also said that i will have to be retested for it if we don't find the reports of the size when this was done earlier. My PCP had mentioned that there is no point it getting the test done again.
I had submitted my medical exam records with my 484 application in July 2007. I wonder if USCIS is trying to boost the economy by trying to get us go for the medical again? (my lawyer says to go to the doctor and get a medical exam done again would be the most practical and quickest way to respond to the RFE.
I too had my PPD test (skin test for TB) come out positive but i don't know exactly how big the size was.
I just came from a civil surgeon who said that i might have to undergo the treatment for it if the size was above 10 mm. He also said that i will have to be retested for it if we don't find the reports of the size when this was done earlier. My PCP had mentioned that there is no point it getting the test done again.
I had submitted my medical exam records with my 484 application in July 2007. I wonder if USCIS is trying to boost the economy by trying to get us go for the medical again? (my lawyer says to go to the doctor and get a medical exam done again would be the most practical and quickest way to respond to the RFE.
chanduv23
09-29 02:05 PM
I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?
RFE - "We have sent a letter requesting further information ......."
NOID - Usually no message - atleast in my case (only soft LUD)
When you respond - The status is "Response received case reopened ......."
RFE - "We have sent a letter requesting further information ......."
NOID - Usually no message - atleast in my case (only soft LUD)
When you respond - The status is "Response received case reopened ......."
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amitjoey
02-03 07:52 PM
Hi EveryOne,
I got my Green card in mail yesterday.
Thanks.
Congrats!!
I got my Green card in mail yesterday.
Thanks.
Congrats!!
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gkaplan
04-23 12:35 PM
Hello thanks for the reply.
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
more...
tmskhan
05-25 02:18 PM
thanks dude..
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
Yes I contacted one of the agents I found on the internet (mexico assistance) who arranged the trip and the hotel accomodations on both sides of the border. I carried all the documents that are usually asked for stamping but the VO wanted to see only my employement verification letter.
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
Yes I contacted one of the agents I found on the internet (mexico assistance) who arranged the trip and the hotel accomodations on both sides of the border. I carried all the documents that are usually asked for stamping but the VO wanted to see only my employement verification letter.
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sparky_jones
02-03 02:44 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.
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gjoe
10-05 10:59 AM
This is what the law says:
INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.
What is your argument to sue?
How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.
INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.
What is your argument to sue?
How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.
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needhelp!
08-23 06:38 PM
I am new here, Could anyone explain what is Texas State Chapter Activation about? how does that work? thanks!
Join here (they will need your phone number)
http://groups.yahoo.com/group/texasiv
Join here (they will need your phone number)
http://groups.yahoo.com/group/texasiv
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seahawks
06-26 02:39 PM
While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?
Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)
Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)
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gchopes
08-04 01:20 PM
She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?
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tdasara
08-17 07:16 AM
Try Ben Salem, PA. I plan to go there with my EAD and I-485 this month end.
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desitechie
07-14 08:43 PM
One should be good enough.
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GC08
02-04 05:02 PM
I don't think Americans are that short sighted or narrow minded to want to steal your social security money. I know, i read a lot of press releases on how their social security is in a mess. They will fix it. I have no doubt about it.
Who thought India would be in such a limelight and then go on to be economic power before year 2000?
In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.
Just be positive and drink a high gravity beer.
How do you know that they are not? Look at all the deficits, the American government is going to bankcrupcy if nothing is done. I recently read some article talking about American professors/researchers went to other places, like Austalia, for jobs because their research funding was cut.
Americans are very "near-sighted", to some extent. For issues like legal immigrants, they do not need to be far-sighted and worst, to think about you cause you are just one of the persons in the labor pool for American companies to use. Sometime ago, I heard on NPR talking about those Mexican migrant workers. Basically, Americans brought them to America during the time of labor shortage and kicked them out like trash during tough times.
That's always the case.. You are here for Americans to use ... wether you are farmers or professionals. My supervisors once even said that new comers had always been at the bottom of America.
Being positive is one thing, being realistic is another. :cool:
Who thought India would be in such a limelight and then go on to be economic power before year 2000?
In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.
Just be positive and drink a high gravity beer.
How do you know that they are not? Look at all the deficits, the American government is going to bankcrupcy if nothing is done. I recently read some article talking about American professors/researchers went to other places, like Austalia, for jobs because their research funding was cut.
Americans are very "near-sighted", to some extent. For issues like legal immigrants, they do not need to be far-sighted and worst, to think about you cause you are just one of the persons in the labor pool for American companies to use. Sometime ago, I heard on NPR talking about those Mexican migrant workers. Basically, Americans brought them to America during the time of labor shortage and kicked them out like trash during tough times.
That's always the case.. You are here for Americans to use ... wether you are farmers or professionals. My supervisors once even said that new comers had always been at the bottom of America.
Being positive is one thing, being realistic is another. :cool:
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Ramba
08-26 04:29 PM
I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.
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virginia_desi
05-15 12:15 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.
Once AOS is filed under EB3, it can't be simply upgraded to EB2.
However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.
Once AOS is filed under EB3, it can't be simply upgraded to EB2.
However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?
eb_retrogession
01-06 09:32 AM
This is a good effort towards solving the retrogression issue. Like many silent readers, I do have concern about contributing to a new organization.
Is there a way to know more details about this effort? Please send me a personal email so I can understand more and contribute with confidence.
Thanks!
Pls check your private message
Is there a way to know more details about this effort? Please send me a personal email so I can understand more and contribute with confidence.
Thanks!
Pls check your private message
wildcat1313
03-30 11:32 PM
Client lawyers have advised against it. So vendor can't do anything. I'm still trying to see if they can fax it directly to the consulate or send it in seal envelope to them
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
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