BharatPremi
11-01 05:37 PM
pls try to understand...my statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
So I would not play with fire.. Rather I would wait for I-140 approval if 180 days have already been passed.
Note: With big companies, This may not happen. But with small desi companies this can happen.
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
So I would not play with fire.. Rather I would wait for I-140 approval if 180 days have already been passed.
Note: With big companies, This may not happen. But with small desi companies this can happen.
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va_il
05-04 08:50 AM
I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
augustus
12-03 12:25 PM
Mehul, After reading your post, I feel very bad for what you are going through and my heart goes out to you and your family. I know nothing of what I say is enough to help you but again, I still say it with the hope that things will turn around for you. GOD HAS HIS WAYS, AND HE IS THE ULTIMATE FORCE IN THIS WORLD. I have often wondered, the chase we chase. The reality is nothing else matters but HIM yet it is so difficult to accept this reality and we chase the materialistic things in him which at the end, every one of us writing here and reading is going to leave behind one day.
GOD IS KIND, HE WILL LOOK AFTER YOU. PRAY TO HIM, SINCERELY. I suggest you take all the treatments there is and Don't worry you will come out of this. He will protect you and many prayers come your way. I will definitely pray for you and your family.
Nothing else matters. As per your question, I think consulting your lawyer and then working with him to meet a senator or congressmen to help expedite your case may prove helpful. Both of you can work together so you have a backing. And like someone earlier posts said, make sure your finances are strong and have a family backing in US.
I will continue to pray for you. STAY STRONG AND SEEK COMFORT IN " HIM " ALONE.
GOD IS KIND, HE WILL LOOK AFTER YOU. PRAY TO HIM, SINCERELY. I suggest you take all the treatments there is and Don't worry you will come out of this. He will protect you and many prayers come your way. I will definitely pray for you and your family.
Nothing else matters. As per your question, I think consulting your lawyer and then working with him to meet a senator or congressmen to help expedite your case may prove helpful. Both of you can work together so you have a backing. And like someone earlier posts said, make sure your finances are strong and have a family backing in US.
I will continue to pray for you. STAY STRONG AND SEEK COMFORT IN " HIM " ALONE.
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bbct
02-12 12:22 PM
If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.
Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.
Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.
more...
abhijitp
01-24 08:01 PM
People spending time on this thread, why not spend 5 minutes to print and sign a letter, then spend 82c and mail one copy each to USCIS and IV.
Do you not like the idea of 3 year long EAD's and more job portability which will come from a revised definition of "same or similar" job description??
Do you not like the idea of 3 year long EAD's and more job portability which will come from a revised definition of "same or similar" job description??
glus
11-18 08:42 AM
email sent.
more...
dingudi
01-06 03:03 PM
Guys,
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
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PDOCT05
08-28 10:49 AM
I sent my 485 to NSC on JUL 3rd, my 140 approved NSC, no receipts from
TSC yet. Does any body got receipts who applied on JUL 3rd...?
If your 140 Approved from NSC then you should get receipts from NSC. Not from TSC.
TSC yet. Does any body got receipts who applied on JUL 3rd...?
If your 140 Approved from NSC then you should get receipts from NSC. Not from TSC.
more...
vij
06-14 04:35 PM
My I-485 was mailed on June 1'st. Attorney haven't received receipts yet.
But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.
Which service center approved your I-140 - Nebraska or Texas?
But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.
Which service center approved your I-140 - Nebraska or Texas?
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senthil1
12-12 08:24 PM
If we see the history H1B and GC numbers were never increased except 2004 20k inpast 15 years In 2000 it was increasd temporarlily for 4 years.Also EB numbers were never increased except temporary reliefs.If it is increased by Skill bill in current form that is really an acheivement. If there is a possiblity they may increase H1B because that is temorary visa(But in reallity not) and GC numbers may remain same. But if increased to 115k then also cap will be reached in another 1 month because there are more number of Desi companies than number of H1Bs. Thats why they are asking exemptions for MS people and 20% adjustment for every year. We have to wait and see whether congress fall on this trap to do this without analysing the impact.
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beautifulMind
12-17 01:05 AM
been in us since 1999 and lost my earlier priorty date and now my priority date is Jan 2007...it sucks...the only good thing is i now have EAD and AP. everyone who is here fro last 5-6 years should be current with priority dates..
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nixstor
06-22 01:51 PM
We discussed this several Times !
I'm currently bargaining with my employer for that Letter.... They are saying that letter can be given now only if i don't ask for next Hike etc...
blood suckers ..., you know
I know man.. These people are going bonkers right now. They know whats coming down the line after 6 or 7 months.
I'm currently bargaining with my employer for that Letter.... They are saying that letter can be given now only if i don't ask for next Hike etc...
blood suckers ..., you know
I know man.. These people are going bonkers right now. They know whats coming down the line after 6 or 7 months.
more...
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land of dreams
02-10 08:24 PM
To the Gurus,
I have a couple of questions regarding my AC21 portability, please post your thoughts on this
1) My 140 is approved and 485 is pending more than 180 days and I am planning to change my job. If my old employer does not cancel the approved 140, do I need to inform USCIS about the change of job??
2) Can I change multiple jobs??
3) Has anyone done that??
Please comment on this.
I have a couple of questions regarding my AC21 portability, please post your thoughts on this
1) My 140 is approved and 485 is pending more than 180 days and I am planning to change my job. If my old employer does not cancel the approved 140, do I need to inform USCIS about the change of job??
2) Can I change multiple jobs??
3) Has anyone done that??
Please comment on this.
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crystal
07-11 10:06 AM
Nice to see your post Raju .We must thank the reporter
http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story
I am going to call the reporter and thank him again.
http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story
I am going to call the reporter and thank him again.
more...
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iam4u4ever
09-28 04:27 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
by starting a business and working for it ?
thanks
by starting a business and working for it ?
thanks
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narendery
08-18 01:45 PM
I have a question from members who are getting ADIT Processing message. When did you file your I-485's? I am trying to figure out if USCIS is approving cases for those who filed recently w/o waiting for the ADIT or is it that the case was filed long time back and the previous ADIT has expired.
Thanks!
I applied for labor in July 2004 and field for I485 July 07 - I took my finger print in sep 07
Thanks!
I applied for labor in July 2004 and field for I485 July 07 - I took my finger print in sep 07
more...
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LostInGCProcess
08-29 01:45 AM
So if USCIS takes an year to process my extension, what are the impacts to me after the current H-1B expires? Would I have issues in traveling?
While your H1 is in pending state and you go out of the country, USCIS would consider it as 'abandoned'.
While your H1 is in pending state and you go out of the country, USCIS would consider it as 'abandoned'.
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amsgc
08-25 12:47 AM
gc28262,
The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
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desi3933
06-29 11:41 AM
.....
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
reddymjm
06-12 12:07 PM
id(RD)
-----------------------
vk373
reddymjm
cr52401
Lucky7
any new receipts please add to this list...
NOT YET. Waiting man...
-----------------------
vk373
reddymjm
cr52401
Lucky7
any new receipts please add to this list...
NOT YET. Waiting man...
sunny1000
12-15 11:26 PM
See the answers and hope my answers do not depress you.
I don't know why what (s)he has done to India or U.S or any other place should be any of our business? What has that got to do with his/her depression about not receiving GC? Why is that as soon as someone poses a simple question, people tend to get on the moral high-horse? BTW, the poster never said (s)he is going back yet.
2: just don't lose hope. Your day in the sun will come. I am kinda in the similar situation as you are too (came in 1999, PD of 2002, was in the labor backlog for 5 years...). Just keep your chin up. As someone else said, you are getting closer to your GC.
I don't know why what (s)he has done to India or U.S or any other place should be any of our business? What has that got to do with his/her depression about not receiving GC? Why is that as soon as someone poses a simple question, people tend to get on the moral high-horse? BTW, the poster never said (s)he is going back yet.
2: just don't lose hope. Your day in the sun will come. I am kinda in the similar situation as you are too (came in 1999, PD of 2002, was in the labor backlog for 5 years...). Just keep your chin up. As someone else said, you are getting closer to your GC.
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