bobby
04-19 01:15 PM
Yes, I can file for adj. of status 5/1
PD 5/03 ROW EB3
PD 5/03 ROW EB3
avi
02-15 02:05 PM
I am in similar situation. I have received EAD and AP but planning to move on, using H1-B transfer.
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
If you have completed your 180 days with your 'parent' company.. then you are safe!
It's safer to get H1 transfer as mentioned by seltzer above
Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!
I'm going through that process right now!
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
If you have completed your 180 days with your 'parent' company.. then you are safe!
It's safer to get H1 transfer as mentioned by seltzer above
Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!
I'm going through that process right now!
mayitbesoon
07-10 04:36 PM
Similar issue here.
I have been working with my company on EAD for last 6 months.
I have been asked by HR had asked me if i had valid visa. I said yes. then, i realized, there is no visa, its 'adjustment status'. I tried to explain him. He keeps saying, he understands how EAD works, but the HR office would like to see a copy of 'visa' document. I am sure, what should I give him?.
In this case, should i provide copy of I-485 receipt? I already sent him my AP documents and I-94 that i got at port of authority.
Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
Thanks.
I have been working with my company on EAD for last 6 months.
I have been asked by HR had asked me if i had valid visa. I said yes. then, i realized, there is no visa, its 'adjustment status'. I tried to explain him. He keeps saying, he understands how EAD works, but the HR office would like to see a copy of 'visa' document. I am sure, what should I give him?.
In this case, should i provide copy of I-485 receipt? I already sent him my AP documents and I-94 that i got at port of authority.
Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
Thanks.
va_217
12-31 12:50 PM
Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)
If I am in your position, i will not this type of chances.
how can you come on F1 back, when your status is changed to H1 as you have to show valid I-20 for F1 which you don't have or you have enrolled in any school for MS, MBA or..... as you changed from F1 to H1 you anyway need stamping.
Please correct me if I am wrong
If I am in your position, i will not this type of chances.
how can you come on F1 back, when your status is changed to H1 as you have to show valid I-20 for F1 which you don't have or you have enrolled in any school for MS, MBA or..... as you changed from F1 to H1 you anyway need stamping.
Please correct me if I am wrong
more...
Gator
04-11 08:10 PM
Today I found out that my RFE wasn't answered at all as opposed to being late.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
ebizash
02-06 11:50 AM
I was in the same boat last year when I was being promoted and was given 16% increase and a change of title. So my HR asked our immi attorney about any issues (my I-140 was already applied and pending at that time). My attorneys said that there is no issue for H1 as well as GC but they said that they have to file an amended H1-B petition for the promotion, change of title and pay hike.
I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.
I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.
I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.
I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.
more...
fromnaija
11-17 11:48 AM
Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.
The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.
I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:
This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.
The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.
I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:
This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.
mundada
07-17 12:50 PM
Another case pointing that in the USA only lawsuits work to achieve short term results while lobby works to achieve long term solutions.
more...
gcisadawg
04-16 09:34 AM
Hello Attorney,
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
gjoe
03-29 06:23 PM
I would suggest having a potluck in front of capitol and also see the cherry blossom in the evening. If possible a boating ride can be squeezed in.
This would make a statement that we are well off and out only problem is the delay in GC
This would make a statement that we are well off and out only problem is the delay in GC
more...
tn1
12-02 09:12 AM
Knoxville TN
vin13
01-07 02:20 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
If you just need the procedure and no discussion then why not call the unemployment office in your local area and find out yourself.
If you just need the procedure and no discussion then why not call the unemployment office in your local area and find out yourself.
more...
ChainReaction
04-24 07:04 AM
I just got my wife's h4 approval letter today but the I-94 does not have any validity period on it, its blank?? Moreover, We received two more i539 approval notices sames as my wifes without any validity period under my wife's name (Applicant)... beneficiary were for two kids age 9,11 totally different last names/Nationality :confused: Are the CSC processing people smoking something:eek:
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
go_gc_way
09-10 07:51 AM
Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
more...
bombaysardar
07-22 06:21 PM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also.
Confirm with the co lawyer also.
vin13
02-19 07:59 AM
I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
2) ICICI will not pay directly to the hospital. You will have to pay the bills directly to hospitals in the US. Take the bills to India where it will be further evaluated. You could potetially sit with thousands of dollars paid and in limbo. I do not have that kind of money to shell and wait :eek:
3) For pre-existing conditions, they will only consider paying for any emergency situation. Once the patient is stabilized, the insurance does not cover for any cure of the pre-existance condition.
So my experience with indian insurance has been bad. I have not bought any insurance yet from US for my parents. But i am more inclined towards buying insurance in US even if i have to pay a little bit more.
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
2) ICICI will not pay directly to the hospital. You will have to pay the bills directly to hospitals in the US. Take the bills to India where it will be further evaluated. You could potetially sit with thousands of dollars paid and in limbo. I do not have that kind of money to shell and wait :eek:
3) For pre-existing conditions, they will only consider paying for any emergency situation. Once the patient is stabilized, the insurance does not cover for any cure of the pre-existance condition.
So my experience with indian insurance has been bad. I have not bought any insurance yet from US for my parents. But i am more inclined towards buying insurance in US even if i have to pay a little bit more.
more...
eb3retro
05-10 08:00 PM
most likely, they are talking abt EAD.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.
sreekanth
10-02 07:01 PM
I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
We too should be pro-active in campaigning to media about our valid cause.
I just sent the following E-mail to the Information Week Editors.
Sub:Your help requested for Skilled IT wokers to get their greencards
Dear Mr.McGee,
I had a chance to read your article about the issues
faced due to the H1B caps and the Greencard
Retrogression.("Time Is Running Out For H-1B Visa Cap
To Be Raised--Or Is It?"-Information
Week,Dt:06-Sep-06)
Thanks much for your insight about the SKILL bill.
It would be of great help if you could write more
Articles about the retrogression issues. Thousands of
unfortunate skilled workers like me have been caught
in the 'Retrogression' black hole and there is no
relief is visible in any near future.I have been
waiting for more than 5 years for my green card in
vain. We are in a state of limbo and are almost
similar to bonded laborers since our professional
mobility is very much limited.
People talk so much about the CIR and Illegal aliens
but very few people even know about the plight of the
LEGAL SKILLED workers.The retrogression has not only
affected my immediate future but it has also
negatively impacted the future of family/kids as well.
Our final hope is residing on the SKILL Bill and we
pray that it will be some how be passed in the
lame-duck session as you mentioned in your article.
Hundreds of Skilled workers like me have given up hope
already and are returning to their countries or are
looking for opportunities in other countries like
Canada etc. This also is having a significant negative
impact on US economy.
Just to give an example: Atleast 100,000 Skilled
workers are holding off the decision to buy a house
since they are not sure about their future here in US.
This amounts approximately to $30,000,000,000 (100000
X $300,000) inflow of money that could give a big
boost to the declining US Housing market.
It is sad to see that so many experienced LEGAL people
leaving this country due to immigration caps.
I kindly request you to publish a cover story on this
serious issue before the lame-duck session. I am sure
your words will have a big impact on the CEO's and
CIO's who in turn can lobby among the senators for our
cause.
Thanks again for your help so far.
Regards,
Sreekanth
We too should be pro-active in campaigning to media about our valid cause.
I just sent the following E-mail to the Information Week Editors.
Sub:Your help requested for Skilled IT wokers to get their greencards
Dear Mr.McGee,
I had a chance to read your article about the issues
faced due to the H1B caps and the Greencard
Retrogression.("Time Is Running Out For H-1B Visa Cap
To Be Raised--Or Is It?"-Information
Week,Dt:06-Sep-06)
Thanks much for your insight about the SKILL bill.
It would be of great help if you could write more
Articles about the retrogression issues. Thousands of
unfortunate skilled workers like me have been caught
in the 'Retrogression' black hole and there is no
relief is visible in any near future.I have been
waiting for more than 5 years for my green card in
vain. We are in a state of limbo and are almost
similar to bonded laborers since our professional
mobility is very much limited.
People talk so much about the CIR and Illegal aliens
but very few people even know about the plight of the
LEGAL SKILLED workers.The retrogression has not only
affected my immediate future but it has also
negatively impacted the future of family/kids as well.
Our final hope is residing on the SKILL Bill and we
pray that it will be some how be passed in the
lame-duck session as you mentioned in your article.
Hundreds of Skilled workers like me have given up hope
already and are returning to their countries or are
looking for opportunities in other countries like
Canada etc. This also is having a significant negative
impact on US economy.
Just to give an example: Atleast 100,000 Skilled
workers are holding off the decision to buy a house
since they are not sure about their future here in US.
This amounts approximately to $30,000,000,000 (100000
X $300,000) inflow of money that could give a big
boost to the declining US Housing market.
It is sad to see that so many experienced LEGAL people
leaving this country due to immigration caps.
I kindly request you to publish a cover story on this
serious issue before the lame-duck session. I am sure
your words will have a big impact on the CEO's and
CIO's who in turn can lobby among the senators for our
cause.
Thanks again for your help so far.
Regards,
Sreekanth
snathan
07-27 11:44 PM
Hi All!
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
WaitingForMyGC
01-11 11:32 AM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
gc_wow
10-26 07:42 PM
Talk to cop in Telugu, legally in any democratic country you are free to choose the religion you want or language you like.
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