neerajvir
07-13 09:06 AM
And fowarded to others that are affected.
avi
04-17 01:51 PM
I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
gceveryone
11-09 03:39 PM
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
GCDream
07-13 08:50 AM
Done
more...
vhd999
02-04 06:27 PM
I guess it does not matter...I have sent USPS envelops.
for_gc
04-07 06:42 PM
Just sent you a PM.
more...
champu
02-18 01:10 PM
My Indian employer offered me to coninue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..
No, it is not legal.
No, it is not legal.
sharma1
01-29 04:53 PM
try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.
Posting this info. provided by some one in this forum long time back.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.
Some of the standard questions:
1) Name check Status ?
2) Background Check Status ?
3) Has it been assigned to an officer ?
4) When can I expect to get some updates on my case ?
5) Can you help me with a ball park date on when my case will be assigned to an officer?
Ofcourse, we all are aware of the standard response we get.
This is very helpful.Thank you.
Posting this info. provided by some one in this forum long time back.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.
Some of the standard questions:
1) Name check Status ?
2) Background Check Status ?
3) Has it been assigned to an officer ?
4) When can I expect to get some updates on my case ?
5) Can you help me with a ball park date on when my case will be assigned to an officer?
Ofcourse, we all are aware of the standard response we get.
This is very helpful.Thank you.
more...
drsnh123
06-19 11:55 PM
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
thanks for your opinions
Reply With Quote
Sakthisagar
05-10 12:37 PM
well discussion is always welcome but do you mean that by discussing in the forums, you will have an effect on what will happen to the bill in the senate?i am all for any steps that will have a direct or indirect impact on the future of the bill. but do you really think that by arguing and debating with each other about what should happen will have any impact on the future of the legal immigration??
I do not think anybody here is a great political personality who is having a voice in the senate or congress, YOu know which forum you are in IV is lobbying and trying to make changes in the bill by lobbying and helping the immigrant communities, so ideas comes from debating and discussing that is the democractic way. Even lot of threads immigrationvoice hosted for ideas alone. so open your eyes. Dont wait to make effect in senate alone, but a combined effort by all of us will do.
I do not think anybody here is a great political personality who is having a voice in the senate or congress, YOu know which forum you are in IV is lobbying and trying to make changes in the bill by lobbying and helping the immigrant communities, so ideas comes from debating and discussing that is the democractic way. Even lot of threads immigrationvoice hosted for ideas alone. so open your eyes. Dont wait to make effect in senate alone, but a combined effort by all of us will do.
more...
gc03
11-17 07:41 AM
Congratulations! Jai hind
dealsnet
03-27 02:42 PM
Read this thread and find your answers. Do you have medical insurance for the parents ?
http://immigrationvoice.org/forum/showthread.php?t=24597&page=2
http://immigrationvoice.org/forum/showthread.php?t=24597&page=2
more...
pagalForGC
06-17 03:54 PM
Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?
Thanks...
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.
Thanks...
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.
ashkam
02-25 09:27 AM
I agree with wandmaker. File for a transfer to H4 (form I-539) just so you remain in status and don't have to face uncomfortable questions in the future. The moment you get a new job, you can apply for a new H1B which will not be subject to quota. Some people (http://immigrationvoice.org/forum/showthread.php?p=320180#post320180) even suggest that you can start working immediately after you apply for your new H1 and get the receipt. I don't know if that's true.
more...
logiclife
02-23 12:00 PM
Its better to get rejected 2 or 3 times for student visa or H1 visa and give up on "coming to USA idea" than to get those and than suspend your life for 10 years after that until you get your greencard.
Those 10 years, the most productive years, are spent boiling blood over labor, 140, 485, namecheck, EAD, Advance parole, fingerprinting, H1 transfer, immigration lawyers, backlog centers, retrogression, RFE, no payraise, no promotions, prozac, zoloft, lunesta, layoff fears, H1 status fears, bench(oops), etc. etc. etc.
Those 10 years, the most productive years, are spent boiling blood over labor, 140, 485, namecheck, EAD, Advance parole, fingerprinting, H1 transfer, immigration lawyers, backlog centers, retrogression, RFE, no payraise, no promotions, prozac, zoloft, lunesta, layoff fears, H1 status fears, bench(oops), etc. etc. etc.
pointlesswait
09-26 12:42 PM
i dont think changing lawyers will prevnt USCIS from auditing/reviewing your case... but will your lawyer release all the required documents to your new lawyer.???
anyway best of luck!
I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
anyway best of luck!
I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
more...
$eeGrEeN
08-02 01:38 PM
Can you please explain further - what you mean by "So, the person intended to cash it cannot. " Does it mean that if you make a request to track the MO thru' PO then USCIS will not be able to encash it.
Your's is thru' a Bank . My response was regarding a MO thru' USPS.
I guess that is what the person intended to ask >>>
"I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank"
Your's is thru' a Bank . My response was regarding a MO thru' USPS.
I guess that is what the person intended to ask >>>
"I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank"
onemorecame
03-06 02:41 PM
What are the document are required while travelling on AP?
Please let me know what kind of question they ask at POE?
All other kind of information will help me prepare in advance
Thanks
Please let me know what kind of question they ask at POE?
All other kind of information will help me prepare in advance
Thanks
krishna_brc
02-18 02:45 PM
Should it not be OK to work for an Indian company (work from home - remote office)
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
korient
07-11 02:53 PM
Hope someone is close enough to help.
raysaikat
03-28 06:53 PM
Dear All,
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Yes.
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.
If you can get CPT approved by your school, then you can work for the employer during the summer months.
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).
If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.
If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.
Thank you very much for your help.
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Yes.
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.
If you can get CPT approved by your school, then you can work for the employer during the summer months.
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).
If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.
If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.
Thank you very much for your help.
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