SREE_485
08-13 04:31 PM
My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
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sanjay02
01-22 04:40 PM
Have you used AC21?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
kshitijnt
06-11 02:30 PM
I dont know about other IT like SAP etc, but software and hardware majors like Microsoft, Intel , Cisco, Yahoo, Google are facing tremendous shortage of skilled labor. For eg:
My wife recently graduated in CS. At the career fair, if the companies declared they wanted to get resumes only from Citizens and GC holders, their booths were empty and were waiting for people to turn up to them. If they allowed F1 students, there used to be a big queue and even the citizens were happy to be part of the queue. Bottomline is in addition to skills its also company culture. Companies that dont discriminate by visa types grow faster and have better work cultures.
Also in a graduating class of 100 people, there were barely 5-6 white or african american citizens, 5-6 Iranians, 5-6 others, rest were Indians and chinese in ratio of 60 to 40 pecent.
When it comes to PhDs there were suprisingly again higher number of US citizens and chinese but very few indians which led me to think that americans go for higher education in very small numbers or their number is small in graduate school but they go all the way up and complete PhD. Where as most Indians and chinese drop out after MS which is good but not really innovative research.
My wife recently graduated in CS. At the career fair, if the companies declared they wanted to get resumes only from Citizens and GC holders, their booths were empty and were waiting for people to turn up to them. If they allowed F1 students, there used to be a big queue and even the citizens were happy to be part of the queue. Bottomline is in addition to skills its also company culture. Companies that dont discriminate by visa types grow faster and have better work cultures.
Also in a graduating class of 100 people, there were barely 5-6 white or african american citizens, 5-6 Iranians, 5-6 others, rest were Indians and chinese in ratio of 60 to 40 pecent.
When it comes to PhDs there were suprisingly again higher number of US citizens and chinese but very few indians which led me to think that americans go for higher education in very small numbers or their number is small in graduate school but they go all the way up and complete PhD. Where as most Indians and chinese drop out after MS which is good but not really innovative research.
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Ann Ruben
04-22 10:55 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
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Nitu Singh
06-12 10:33 PM
Thanks for the prompt reply and need clarification on few more things....
like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
2) How it will effect the future GC process by new Co.?
need your suggestion on these too:
3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
how things will work out to stay on H1 status?
4) what I should discuss/need to clarify with new empl before making a move ?
thanks!
like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
2) How it will effect the future GC process by new Co.?
need your suggestion on these too:
3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
how things will work out to stay on H1 status?
4) what I should discuss/need to clarify with new empl before making a move ?
thanks!
istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
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nviren
04-28 04:20 PM
Isn't this the same proposed rule that was published on Feb 14 in Federal Register and the comment period ended on Apr 14th?
In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.
Or
Go here
http://www.aila.org/RecentPosting/RecentPostingList.aspx?Weeks=4
and look at the posting for date 4/10/05
I guess DOL has not come out with the analysis of the comments received and its final stand yet.
Let me know if I am missing something here.
In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.
Or
Go here
http://www.aila.org/RecentPosting/RecentPostingList.aspx?Weeks=4
and look at the posting for date 4/10/05
I guess DOL has not come out with the analysis of the comments received and its final stand yet.
Let me know if I am missing something here.
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fadingblack
09-20 07:30 AM
Screw em if they don't like it. I know if I don't like the program, it goes right off my machine and probebly wont ever be tested again.
he, he... we speak the same languaje here. :P
Thanks for those opinions. I will try to mess a bit with painter to see if something comes up. I will let you know who won the fight, my patience or the bloddy million of buttons!!!
Thanks David! Oh, and thanks for the "bookseek" too. =)
he, he... we speak the same languaje here. :P
Thanks for those opinions. I will try to mess a bit with painter to see if something comes up. I will let you know who won the fight, my patience or the bloddy million of buttons!!!
Thanks David! Oh, and thanks for the "bookseek" too. =)
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casinoroyale
08-22 12:01 PM
I have my own doubts about this matter, same as you. But doesn't your I-797 remains valid till its expiry date? Is there any such rule that if its un-used it will become void or should be cancelled after 6 months?
In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
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Bush
02-21 12:38 PM
S. 9: Comprehensive Immigration Reform Act of 2007 Introduced 01/04/2007
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
more...
GCNirvana007
08-23 12:04 PM
Being current means very little. I've been there 3 times over the last few years. 4 years after filing my 485, and 2 RFEs later(each generated during a PD current period BTW) and 3 "currents", I am still waiting. I am on my 5th EAD.
So while optimism is good, with the USCIS don't get too hopeful. Incompetence abounds.
You deserve it. Hope Sept 1st brings the real deal for you
So while optimism is good, with the USCIS don't get too hopeful. Incompetence abounds.
You deserve it. Hope Sept 1st brings the real deal for you
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rbkrao
09-12 01:20 PM
There should be a way to mention the no of Green Cards applied for in a family. I could vote as EB2 . but in my family I applied for 3. this count also should be captured right?
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srikondoji
06-16 08:26 AM
You guys are too quick. I assume this is not an act out of impatience?
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soorigadu2003
09-13 04:48 PM
In my case wife works in the same company which is sponsoring our GC and EAD apps .our EAD expired on Aug 13th (am on H1 still, wife on EAD). But Our laywer told us its ok to continue to work and employer didt ask us any thing so far. Still waiting for EAD. Expidite req was approved about 10 days ago, still waiting for the decision.
Per my lawyer, there is no written rule really that stops us working after EAD expiry,and it also depends on how employer looks at these rules and all this mess..
Per my lawyer, there is no written rule really that stops us working after EAD expiry,and it also depends on how employer looks at these rules and all this mess..
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acecupid
06-04 05:20 PM
These days all H1 transfers and extensions for consulting companies are attracting RFEs for client PO. I heard this from many friends. Also the extension is given only till the PO end date even if you are eligible for 3 yr extension based on approved I-140. Basically you have to prove your project pipeline to get a longer extension. :eek:
Some of the RFE requirements are ridiculous.. like getting lease info for client office building and letter from president of client company explaining business relationship with petitioner. Big outsourcing companies will soon start moving more jobs and work offshore if this trend continues.
Some of the RFE requirements are ridiculous.. like getting lease info for client office building and letter from president of client company explaining business relationship with petitioner. Big outsourcing companies will soon start moving more jobs and work offshore if this trend continues.
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OLDMONK
06-16 08:19 PM
I am in similar situation in regards to my wifes H1B and EAD situation. Following is my understanding but could be wrong. there are gurus in this forum who have been digging rules for years and would certainly point out any indiscrepancies in my reply. Make sure you keep reading the thread for a couple of days.
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
>>>WAS your COS (Change of status) applied while filing for H1B ?
What will be my status untill Oct 1st from the day my H1 is approved?
>>>You will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
>>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
>>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
>>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
>>>No idea.
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
>>>WAS your COS (Change of status) applied while filing for H1B ?
What will be my status untill Oct 1st from the day my H1 is approved?
>>>You will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
>>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
>>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
>>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
>>>No idea.
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little_willy
09-15 11:49 PM
�Progress is impossible without change, and those who cannot change their minds cannot change anything.�
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lkapildev
02-08 03:05 AM
Goodluck!
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smodekurti
05-19 11:32 PM
mrane1,
Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.
Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.
gimme_GC2006
08-17 08:02 PM
gimme_GC2006,
I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.
so nothing to fear.
ok..cool..thanks !!
Hopefully mine will also be cool. :)
I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.
so nothing to fear.
ok..cool..thanks !!
Hopefully mine will also be cool. :)
Karthikthiru
08-09 08:58 AM
There is new posting about this bill on Matthew Oh site. It gives more detail about this proposed bill. It says "Specter's Discussion Draft for New CIR" and he has given more deatils of it
Karthik
Karthik
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