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Sunday, June 26, 2011

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  • sb0k
    11-08 07:46 AM
    hi..u forgot to add this
    http://www.kirupa.com/forum/showthread.php?t=338382 & http://www.kirupa.com/forum/showthread.php?t=338381





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  • FOR_LIBERTY
    11-13 10:58 AM
    Folks,

    I have recently moved to Houston. Count me in as a member of Texas chapter.





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  • simon03
    07-15 12:35 PM
    I wish my company attorney could understand the basic ENGLISH instructions. Worst part, still doesn't admit his mistake and keeps pointing to the receipt issued by USCIS.

    Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
    The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
    In short, still not sure what to do....





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  • roseball
    10-17 07:55 PM
    Hello,

    I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).

    My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.

    I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?

    Thanks!

    What is required for a H1 extension is a "JOB". You should try and get a job asap. Technically, you are accruing unlawful presence in the US since the day you are out of the job (unless you have a pending I-485). On top of that, what your employer is suggesting is illegal. Try to find a job asap and apply for H1 COE petition. You will be required to submit your latest paystubs though.



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  • gsc999
    09-05 07:07 PM
    I will be there. Do you know why they made all cases current in june if they have that much of a backlog. Amr Diab is some good music right there. Did you go to Sharm

    ---
    That was supposedly a procedural issue between Dept. of State (DOS) and USCIS. The way the DOS releases visa numbers and procedure USCIS follows to utilize them. Read this blog by one of the IV core members for more details: http://nixstor.blogspot.com/2007/06/how-does-july-2007-visa-bulletin-became.html

    I stayed in Al Asarma Ramadan City for work. Went to Iskenderiya not Sharm.





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  • dsneyog
    11-23 11:44 PM
    Hi All,
    I am self-filing my i-131 application this week. Here are the briefs about status:

    Current Status: Working on EAD, 485-pending (July 2007 Application)

    I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.

    I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.

    1. Completed form I-131
    2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
    3. Copy of EAD
    4. Copy of I-797C (I-485 receipt)
    5. Copy of Arrpoved I-140
    6. Copy of all pages of Current passport
    7. Copy of all pages of expired passport
    8. Copy of Driver's License
    9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
    10. Birth certificate (again do I need this. but I read somewhere)
    11. Letter explaining why I qualify for AP (is there standard format for this? )

    I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.

    Thanks a lot.



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  • monkeyman
    11-18 09:23 AM
    These responses are based on my experience:
    Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.

    You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.


    Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.





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  • ujjwal_p
    06-02 06:12 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.

    I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.



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  • grajesh2000
    05-02 10:32 AM
    Count me in





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  • vss
    10-28 02:38 PM
    USCIS used to accept 3=4, 60 page template evaluations - it is no longer the case. Second, your is SL, it always throws a doubt in legitimacy of job offer. Given the current sitiation, 2nd RFE is mainly on education because USCIS is not convinced with your 1st response. Your chances of success is slim (if you can prove the 3 +1 is in the same line of study) to none - Restart your GC. You are now paying the price for choosing the SL route.

    Go back to India, that is the best option in this kind of difficult times.



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  • Ramba
    05-14 04:27 PM
    Guys,

    The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.

    IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.

    This may be a valid suspiecion, we may not ruled out ...





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  • xyz2005
    08-06 04:53 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    Heartiest congrats
    Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.

    Take care and accept our heartiest congrats once again.

    Best Regards,



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  • aat0995
    01-15 10:03 AM
    Hi!
    I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

    I was wondering if you know of any law that I can show them and ask them to pay for the same.

    Thanks in advance :)


    -Supported the million dollar drive





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  • eb2dec2005
    02-24 06:30 PM
    First speak to your employer if they
    a) sent a cancellation for H1B
    b) If they received any notice from USCIS/request for information or if they have any information about this
    c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.

    Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them

    - good luck
    kris

    I spoke to my employer and he said they cancelled my H1B and not my GC. So i ma assuming my I140 was not revoked.

    thanks for your advice.



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  • NELLAIKUMAR
    02-24 09:04 PM
    Hello,
    Can someone with knowledge in matter please help. If I change the status to from H1 to H4 using form I-539 and submit my resignation to my employer, he is most likely going to request USCIS to cancel my H1. Is it possible even in these cases to apply again for a change of status back to H1 from H4 after a year if I get a job with another employer without having to go through the quota? Thanks for your help.

    Thanks...





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  • samcam
    05-19 11:41 AM
    Welcome to our newest member matex... 3874 and counting...



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  • jvordar
    04-07 05:48 PM
    ok gurus here's my situation..
    1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

    2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

    3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

    4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

    so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
    thanks guys..





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  • flyingninja
    10-29 03:57 AM
    Hi,
    I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
    We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.

    Petitioner Documents:
    1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
    2. Petitioners Income Tax Return for the last two tax years and financial statements.
    3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
    4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
    5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
    6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
    7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.

    From the visa applicant:
    1. Certified copies of your comp academic credentials.
    2. Evidence of previous work experience in the petitioned field.
    3. Evidence of extension of legal status in the U.S.
    4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
    5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)


    I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.

    Knowing this, could someone please advise me what are my options?
    1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
    2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?





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  • paskal
    10-22 08:58 PM
    a few hours of your time would be invaluable!
    make it a family thing- take the time to enjoy yourself too.
    but please do help out. needhelp! has put a lot of effort into
    this initiative and good will certainly come from it. now your
    help is needed. come on folks- a couple of hours? surely that
    is not too much to ask for........





    nixstor
    12-07 10:35 PM
    Please send message to all your friends on your social networking websites like

    Orkut, facebook, myspace etc. I know how much time people spend on orkut.

    Here is a sample message

    Guys,

    Just wanted to let you know, if you are not already aware of the bill that provides relief to the Green Card situation is tied to an appropriations bill by Sen Cornyn. Here are some links that can give you more info about whats going on regarding our future in USA. Express your support over the phone and email.

    Call your senators/congressman. Login and send web faxes asap.

    http://immigrationvoice.org/forum/showthread.php?t=2483

    http://immigrationvoice.org/forum/showthread.php?t=2484

    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

    You can get senators and congressman for your state and district at senate.gov and house.gov respectively by punching in your zip code.

    Pass this message to your buddies whom you think it would be useful.





    godspeed
    01-15 09:16 AM
    You have done all the right things, sit tight, all izz well.
    It would be helpful to others if you can blog the cover letter and the AP explanation letter.

    Great, so I see so many fast cases here.
    I had all my docs well organized, also put tabs corresponding to the list numers on cover letter for quick access. I also included self addressed prepaid priority envelope.



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