yalavarthi_sree
08-18 03:26 PM
In 2008 My wife applied for H1B and My wife got her H1B approved and along with the approval she got new I-94
valid till Sep 2011.
But she was not able to start working/ find a job due to family reasons and economy conditions.
1. Whether she Out of status since she did not work on her H1?
2. If she starts working now for the employer can she get back the status?
3. What are the ways for her get back to H4 if she not going work?
4. How we can correct her status?
valid till Sep 2011.
But she was not able to start working/ find a job due to family reasons and economy conditions.
1. Whether she Out of status since she did not work on her H1?
2. If she starts working now for the employer can she get back the status?
3. What are the ways for her get back to H4 if she not going work?
4. How we can correct her status?
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santosh19
10-31 02:08 PM
What confuses me is or are you saying that calfornia service center no more process the H1-B extension. But when you go to processing time in USCIS website it still shows you that they process H1-B extension
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC
mita
08-20 12:46 PM
I just called USCIS and according to the person I spoke with, it takes approximately 30 days from the date of approval of primary applicant for approval of dependents.
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pd_recapturing
07-09 10:03 PM
Applied PP on 29th, got RFE on 6th. They asked about 2006 W2. Sent the response and now waiting for approval.
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samsu
03-22 08:31 AM
Hi,
My Situation is very similar to above mentioned and I would appreciate if someone can give comments.
My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.
I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.
Also, my old employer will most likely not revoke 140.
Thanks,
Sam
My Situation is very similar to above mentioned and I would appreciate if someone can give comments.
My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.
I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.
Also, my old employer will most likely not revoke 140.
Thanks,
Sam
kris04
07-06 07:44 PM
Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
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go_guy123
09-14 03:34 PM
Obviously this is illegal you should report to DOL ...read the posting in this forum it has been
discussed at lenth. WH-4 cmplaint letter etc.
discussed at lenth. WH-4 cmplaint letter etc.
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jkays94
04-17 10:37 PM
This is what I got to share with my friends from the site after I signed the petition :
Did You Hear What Happened in Washington?
Dear Friend,
As you may have heard in the news, Senator Kennedy has been at the forefront of immigration reform; he's built a bipartisan coalition around a tough but fair approach that is rapidly gaining popular support among Americans.
Sixty-three percent of Americans believe that immigrants who have lived in the country for a certain period of time should be allowed to go through the process of obtaining citizenship. But the out-of-touch Republican leadership is pushing back and many hope to make these would-be citizens felons.
I've added my signature of support to Senator Kennedy's efforts to protect the American worker. Will you join me?
http://www.tedkennedy.com/fightforfairness
I'm standing with Senator Kennedy, and fighting to ensure that our country values hard work. I hope you will too.
Thank you!
Did You Hear What Happened in Washington?
Dear Friend,
As you may have heard in the news, Senator Kennedy has been at the forefront of immigration reform; he's built a bipartisan coalition around a tough but fair approach that is rapidly gaining popular support among Americans.
Sixty-three percent of Americans believe that immigrants who have lived in the country for a certain period of time should be allowed to go through the process of obtaining citizenship. But the out-of-touch Republican leadership is pushing back and many hope to make these would-be citizens felons.
I've added my signature of support to Senator Kennedy's efforts to protect the American worker. Will you join me?
http://www.tedkennedy.com/fightforfairness
I'm standing with Senator Kennedy, and fighting to ensure that our country values hard work. I hope you will too.
Thank you!
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LostInGCProcess
09-19 05:51 PM
meaning I can work for company B now and even though my h1b renewal approves with company A? then when I feel like I can go out and reenter before the h1b renewal period ends?
sabr, could you be more elaborate regarding the 2 companies, where do u work, and who is offering you the job, how do they want to hire you, etc... Please explain clearly what your question is? Iam trying to say something and you are interpreting it differently and it looks like we are off pace somewhere.
sabr, could you be more elaborate regarding the 2 companies, where do u work, and who is offering you the job, how do they want to hire you, etc... Please explain clearly what your question is? Iam trying to say something and you are interpreting it differently and it looks like we are off pace somewhere.
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coopheal
03-05 04:44 PM
I had two soft LUDs on 3rd and 4th of March. Did anyone else also have similar LUDs recently?
I know my PD is not current so nothing really going to happen.
I know my PD is not current so nothing really going to happen.
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ineedhelp
07-18 12:07 PM
Hi Ram,
Thanks for your reply. But i heard like the policies which are signed india are valid in USA becoz of the mutual countries agreement. I did actually visit an attorney and got to know from her that it is probably something that wipro might not take (action against me) but she did paused and told me that USA will of course will honor any policies that were signed in India because of bilateral agreement.
Regards,
ineedhelp
Thanks for your reply. But i heard like the policies which are signed india are valid in USA becoz of the mutual countries agreement. I did actually visit an attorney and got to know from her that it is probably something that wipro might not take (action against me) but she did paused and told me that USA will of course will honor any policies that were signed in India because of bilateral agreement.
Regards,
ineedhelp
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gkaplan
04-22 12:13 AM
country if birth is germany
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bp333
02-19 10:50 AM
We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
If its rejected due to "missing or incorrect fee" you can send the package back with a special cover letter to by-pass the mail room. The letter has to say something in the lines of: "Attention CRU Supervisor, case improperly rejected due to fee".. search for these in google. You will find a template.
Mine was rejected for the same and Supervisor accepted my refile.
Good luck.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
If its rejected due to "missing or incorrect fee" you can send the package back with a special cover letter to by-pass the mail room. The letter has to say something in the lines of: "Attention CRU Supervisor, case improperly rejected due to fee".. search for these in google. You will find a template.
Mine was rejected for the same and Supervisor accepted my refile.
Good luck.
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needhelp!
04-15 05:35 PM
I'm happy it finally worked out for you! Will you be changing your handle now ? :)
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go_guy123
05-02 09:34 AM
If you count the taxes these 150K legal immigrants would have paid if they were in US for a year it is more than 2.5 billion dollars.
There was a recent study claiming that 14 million illegal immigrants pay 1.5 billion dollars a year in taxes (read mostly sales taxes). And thus US should legalize these 14 million people to continue to get 1.5 billion dollars a year.
Now you can compare 150K people vs 14 million people and who pays more.
The study fails to tell that these illegals do not have insurance. So they use hospitals for free. They do not pay federal taxes because they do not have a valid documentation. Even if they are allowed to pay federal tax, many will be below poverty line.
The study did not envision an economic scenario for America if 14 million illegals are legalized. How many will claim unemployment, social security, medicare etc. I can bet the cost to government will be in billions with many zeroes after that. Someone should call the reporter and the pro illegals who created that study to answer these questions.
It is possible for undocumented to pay teh federal and state taxes. They generally usea fake ssn and once the payroll is run taxes get sent to IRS.
There was a recent study claiming that 14 million illegal immigrants pay 1.5 billion dollars a year in taxes (read mostly sales taxes). And thus US should legalize these 14 million people to continue to get 1.5 billion dollars a year.
Now you can compare 150K people vs 14 million people and who pays more.
The study fails to tell that these illegals do not have insurance. So they use hospitals for free. They do not pay federal taxes because they do not have a valid documentation. Even if they are allowed to pay federal tax, many will be below poverty line.
The study did not envision an economic scenario for America if 14 million illegals are legalized. How many will claim unemployment, social security, medicare etc. I can bet the cost to government will be in billions with many zeroes after that. Someone should call the reporter and the pro illegals who created that study to answer these questions.
It is possible for undocumented to pay teh federal and state taxes. They generally usea fake ssn and once the payroll is run taxes get sent to IRS.
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acecupid
02-24 02:43 PM
How long did you get extension for without purchase order or letter from client ?
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rolrblade
07-27 04:44 PM
do they have to attach copy of email with the application?
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
you are fine : read this from USCIS website:
Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will continue accepting original Form G-28 bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.
Legal Requirements for the Signature on Petitions and Immigration Benefit Applications
Attorneys and Accredited Representatives: The signature of any attorney or accredited representative who has been granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.
this means as long as your attorney sent the original G-28 form with their signatures, you are okay. Also the email from you is "legal authorization" to sign.
All across these forums you will read numerous posts where people have not signed anything rather their attorneys have signed. This is very general practice.
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
you are fine : read this from USCIS website:
Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will continue accepting original Form G-28 bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.
Legal Requirements for the Signature on Petitions and Immigration Benefit Applications
Attorneys and Accredited Representatives: The signature of any attorney or accredited representative who has been granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.
this means as long as your attorney sent the original G-28 form with their signatures, you are okay. Also the email from you is "legal authorization" to sign.
All across these forums you will read numerous posts where people have not signed anything rather their attorneys have signed. This is very general practice.
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chanduv23
06-29 08:08 PM
Follow directions in your interview letter with list of things to take. Have all the originals and photocopies. If your case is straight forward , I dont think you need an attorney or else if you think you need an attorney find a local person in your area who can accompany you.
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
Did you get the interview letter after preadjudication or was it a part of pre adjudication process?
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
Did you get the interview letter after preadjudication or was it a part of pre adjudication process?
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Daisy
10-26 10:57 AM
Thanks Arihant
tdasara
01-21 01:39 PM
Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
gc_bulgaria
02-12 03:38 PM
My husband is ROW and dependent. I am primary and EB2 India.
Therefore cross charge comes into play.
Therefore cross charge comes into play.
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