sbeyyala
07-17 05:40 PM
I pledge to contribute $200 once I get the receipt notice
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GCanyMinute
08-23 12:25 PM
for sure this info is gonna be useful for someone.
i hope i don't have to use it myself though :D
thanks for the help.
i hope i don't have to use it myself though :D
thanks for the help.
Ennada
01-13 10:21 AM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
2011 at the Jersey Shore with a
thomachan72
07-28 11:14 AM
I dont know whether IV could raise this issue or members of each state could talk with the DMV (highest official) or even the governor of the state so that this ridiculous rule which is causing a lot of pain to lot of our members is taken care off. They introduced this rule to keep away people who are out of status to renew the lisence. For that they only need to check the visas / other documents and need not require the person to retake the whole test. The DMV claims that this is required because as of the date of expiry of your (non renewable) lisence, you actually dont have a lisence to renew and therefore have to redo the whole thing.
more...
kanakabyraju
08-18 01:46 PM
Recently received interview letter, scheduled for Sep,3rd.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
For 1. It happened to me before and I have requested the officer to consider my wife's interview too with me. In my case, wife's interview date was next day and the IO agreed.
Good luck with the rest.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
For 1. It happened to me before and I have requested the officer to consider my wife's interview too with me. In my case, wife's interview date was next day and the IO agreed.
Good luck with the rest.
ganesha
02-20 06:15 PM
Any enquiry on 140 can only be done by the company or the lawyer. You have no other option except being nice with them:mad:
My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.
Contacted his HR. they say, they are waiting for reply from law firm.
Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
Thanks.
My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.
Contacted his HR. they say, they are waiting for reply from law firm.
Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
Thanks.
more...
needhelp!
01-18 04:46 PM
makes sense to me..
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gopi246
03-20 12:07 PM
I was in the same situation and was told by the SSN office person ( a very helpful guy) to re-apply and enter my address as of the SSN office address and he kept my cell number. He said he will call me as soon as the number arrives and then again when the actual card arrives. He called me on both occasions and I got my number in 2 days and the card in less than a month !
I was very grateful for the help and advice the SSN office person provided me at that time.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
I was very grateful for the help and advice the SSN office person provided me at that time.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
more...
braindrain
09-02 11:45 PM
I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.
My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.
If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.
Any advice/help is greatly appreciated.
My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.
If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.
Any advice/help is greatly appreciated.
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sreenivas11
06-16 07:49 AM
^^^^^^^^^^^^^^^^^^^^^^^^^^^^
more...
ameryki
10-02 11:06 PM
murthy just sent out this info in his newsletter that went out today.
Delayed EADs - Ombudsman's Suggestions to Expedite
The current regulations on Employment Authorization Documents (EADs) require the USCIS to adjudicate EAD applications within 90 days. As many are aware, this does not always occur. The problem is compounded by the fact that it is no longer possible to obtain interim EADs at the local USCIS offices. Information on this matter was included in our previous article, available on MurthyDotCom, Interim EAD Problems at USCIS District Offices (Dec 14, 2007). The first CIS Ombudsman, Prakash , began making efforts on this matter that are continuing through the current CIS Ombudsman, Michael Dougherty. The Ombudsman's office released updated suggestions on September 19, 2008, for individuals who are experiencing EAD delays.
Option 1 : Call the NCSC
It is suggested that an individual first call the USCIS National Customer Service Center (NCSC) at 1.800.375.5283. It is important to note the date and time of the call, as well as the name / number of the person who answers the call. It is possible to explain that the EAD has been delayed beyond the 90 days permitted for processing, and ask for a "service request." This is supposed to result in issuance of the EAD or some other type of response within a week, according to the Ombudsman's update. Alternatively, it is possible to ask the customer service representative to request the EAD. This, too, should result in either receipt of the card or some other type of response within a week. The Ombudsman's update refers to the interim EAD, even though this is no longer issued by the local offices. At the Murthy Law Firm, it has been our experience that the requests described in the update primarily have resulted in the issuance of standard EADs.
Option 2 : INFOPASS Appointment
If the EAD has been delayed beyond 90 days, then it is possible to make an appointment at the local USCIS through the INFOPASS system. At that appointment, it is possible to request the EAD, even though EADs are not actually issued at the local offices. The local office should review the case for eligibility, and then forward the request to the USCIS service center where the case is pending. This should also result in a response or EAD issuance within a week.
It should be noted that, while the one-week estimate may be a bit optimistic, we at the Murthy Law Firm have found that this approach is generally successful. Our recommendation is to make the appointment a week or two in advance, for the 91st day after filing. The reason for this is that local offices often have waiting times for appointments and if one waits until the 90th day to make the appointment it may result in more delay while waiting for an available appointment time. As with the call to the NCSC, it is best to document the date and time of the appointment, as well as the name of the officer.
Option 3: Contact the Ombudsman if Other Options Do Not Work
If an individual has completed both options 1 and 2 above, and the EAD has not been issued, then a third option is to eMail the Ombudsman's office at cisombudsman.publicaffairs@dhs.gov. It is necessary to include the dates and times of the call to the NCSC, as well as the officer's identification information. Corresponding details on the INFOPASS appointment should also be provided.
Delayed EADs - Ombudsman's Suggestions to Expedite
The current regulations on Employment Authorization Documents (EADs) require the USCIS to adjudicate EAD applications within 90 days. As many are aware, this does not always occur. The problem is compounded by the fact that it is no longer possible to obtain interim EADs at the local USCIS offices. Information on this matter was included in our previous article, available on MurthyDotCom, Interim EAD Problems at USCIS District Offices (Dec 14, 2007). The first CIS Ombudsman, Prakash , began making efforts on this matter that are continuing through the current CIS Ombudsman, Michael Dougherty. The Ombudsman's office released updated suggestions on September 19, 2008, for individuals who are experiencing EAD delays.
Option 1 : Call the NCSC
It is suggested that an individual first call the USCIS National Customer Service Center (NCSC) at 1.800.375.5283. It is important to note the date and time of the call, as well as the name / number of the person who answers the call. It is possible to explain that the EAD has been delayed beyond the 90 days permitted for processing, and ask for a "service request." This is supposed to result in issuance of the EAD or some other type of response within a week, according to the Ombudsman's update. Alternatively, it is possible to ask the customer service representative to request the EAD. This, too, should result in either receipt of the card or some other type of response within a week. The Ombudsman's update refers to the interim EAD, even though this is no longer issued by the local offices. At the Murthy Law Firm, it has been our experience that the requests described in the update primarily have resulted in the issuance of standard EADs.
Option 2 : INFOPASS Appointment
If the EAD has been delayed beyond 90 days, then it is possible to make an appointment at the local USCIS through the INFOPASS system. At that appointment, it is possible to request the EAD, even though EADs are not actually issued at the local offices. The local office should review the case for eligibility, and then forward the request to the USCIS service center where the case is pending. This should also result in a response or EAD issuance within a week.
It should be noted that, while the one-week estimate may be a bit optimistic, we at the Murthy Law Firm have found that this approach is generally successful. Our recommendation is to make the appointment a week or two in advance, for the 91st day after filing. The reason for this is that local offices often have waiting times for appointments and if one waits until the 90th day to make the appointment it may result in more delay while waiting for an available appointment time. As with the call to the NCSC, it is best to document the date and time of the appointment, as well as the name of the officer.
Option 3: Contact the Ombudsman if Other Options Do Not Work
If an individual has completed both options 1 and 2 above, and the EAD has not been issued, then a third option is to eMail the Ombudsman's office at cisombudsman.publicaffairs@dhs.gov. It is necessary to include the dates and times of the call to the NCSC, as well as the officer's identification information. Corresponding details on the INFOPASS appointment should also be provided.
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SGP
11-03 08:44 AM
Aati Nahin, Aati Nahin, Saamne hai tu magar Aati Nahin.:D
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gman
07-29 02:55 PM
What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
• Execute the company’s technology architecture and strategy.
• Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
• Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
• Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
• Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
• Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
• Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
• Travel approximately 25% of the time to both in-country and international destinations.
• Perform other duties as assigned by the VP of Software Development
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
• Execute the company’s technology architecture and strategy.
• Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
• Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
• Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
• Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
• Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
• Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
• Travel approximately 25% of the time to both in-country and international destinations.
• Perform other duties as assigned by the VP of Software Development
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Macaca
07-11 06:28 PM
the bay area.
- SFSU
- SJSU
Most F1's are not realizing that they will NOT get GC without legislative changes. They need to be educated, if it is possible, about this FACT. I know that I, and most of my friends, would have been UNeducatable.
- SFSU
- SJSU
Most F1's are not realizing that they will NOT get GC without legislative changes. They need to be educated, if it is possible, about this FACT. I know that I, and most of my friends, would have been UNeducatable.
more...
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GCard_Dream
04-06 11:51 AM
I know some of you can answer this in your sleep. You guys are that knowledgable. Care to help?
I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?
I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?
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gultie2k
07-07 01:42 PM
Ganguteli and Saxena...
Even though your intention may be right...the means is not. Hoping for bad of others to get help is SICK!!
Even though your intention may be right...the means is not. Hoping for bad of others to get help is SICK!!
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spdy_mn
06-30 05:22 PM
Guys and Gals,
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
Babloo bhai, you are the best. We needed this post. Hang in there guys, god willing everything will turn out to be good.
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
Babloo bhai, you are the best. We needed this post. Hang in there guys, god willing everything will turn out to be good.
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amoljak
03-24 03:16 PM
They have
Exempt post-secondary foreign students in math/tech/eng/science (est.2)
200000
I don't know what that is...
And suddenly they arrive at: TOTAL ANNUAL PERMANENT LEGAL IMMIGRATION = CURRENT LAW + ENACTMENT OF:3 = 3.1 Mil
There are no calculations for that.. you may want to ask her where that number came from...
Exempt post-secondary foreign students in math/tech/eng/science (est.2)
200000
I don't know what that is...
And suddenly they arrive at: TOTAL ANNUAL PERMANENT LEGAL IMMIGRATION = CURRENT LAW + ENACTMENT OF:3 = 3.1 Mil
There are no calculations for that.. you may want to ask her where that number came from...
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GCNirvana007
10-04 06:10 PM
What all other questions, like "Are you still working for the GC sponsored employer" ?
Asked me if i am married or single - I mean wtf you dont see my status in the computer screen
Asked me if i am married or single - I mean wtf you dont see my status in the computer screen
rajeshalex
09-15 03:01 PM
This month they are prompt and published the date on correct date.
I cant beleive Eb2 NSC is 2008.
(Last month I had sent a complaint email to ombudsman since there was a major delay in publishing. My summary was if USCIS is not able to manage a small publishing dates, how will they manage large pile of applications.
Ombudsman had replied to this email.
I am not sure this email worked )
Rajesh
I cant beleive Eb2 NSC is 2008.
(Last month I had sent a complaint email to ombudsman since there was a major delay in publishing. My summary was if USCIS is not able to manage a small publishing dates, how will they manage large pile of applications.
Ombudsman had replied to this email.
I am not sure this email worked )
Rajesh
SGP
03-25 03:48 PM
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
________________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
________________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
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