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Monday, July 4, 2011

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  • sk2006
    03-28 08:35 PM
    I want to transfer from H1B to F1.I came to US as a F1 and graduated in march 08.I got my H1B on oct 08.But now i want to transfer to F1 again and i had my visa till 2011. I had following doubts and please help me.

    1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.

    2) How much time does it take if i apply for change of status for F1?

    3)can i take cpt in F1 and later on can i change to H1 by applying change of status?

    Update your profile before getting answers.





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  • kk_kk
    07-08 04:39 PM
    I changed my job and moved more then 180+ miles away. I have not received any RFE. I infact changed the address twice.





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  • Blog Feeds
    06-22 05:50 PM
    USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 �Regular� cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.

    As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.







    More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)





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  • badluck
    07-31 12:58 PM
    nothing yet



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  • tabletpc
    07-30 01:23 PM
    Get the DOL report before u take up the job. DOL will give the estimation for salary....!!!Use it and ask u r company attorney to file for the H1b now its self mentioning the start date as future date (when u r opt expires). Since u work for local government ...governments jobs don't come under H1b quota...so u can apply NOW.
    if the DOL report comes out favorable...start the job and can look out for a better opportunity. Trust me u will find one when u have a back up job.
    Good luck





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  • cest la vie
    01-28 04:24 AM
    Hi...I went to the USA in Dec 05, with a J1 visa, in may 06 after i applyed for changing of status to B2 visa, I got it denied and the letter said I should leave usa. I didnt, staying there until aug 07 (more than 1 year). my visa expired in apil 06 and the letter from uscis i got in may 06. they wrote in my I-94 cos denied 04-18-06. I didnt give back my I-94 when i left the USA. I want to know what are my chances to get a L2 visa (my husband is applying for L1 visa). I also have a second nationallity, can it help me somehow?
    Please, I really need someone to help me with thses doubts.thank you very much.



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  • pcs
    01-25 09:38 PM
    Dear IV Friend & Your better half,

    IV does not support any abusive & insulting behaviour towards anyone incuding our worst adversary Lou Dobbs.

    Please remember, we do have some members from antiimmigrant groups like numberUSA, who have created similar siyuations in the past.

    Financial contribution is no doubt VITAL for our cause but we will never, I repeat never encourage any IV member to spoil their financial security to contribute towards IV. Please do not feel bad if you can not contribute ( we only feel let down by the people, who can contribute but do not do so)

    I would request both of you to spread good word about IV & get us some active members & that will be great.

    We are trying to POWER OF NUMBERS !!!!!!!!!!!

    So cheer up & get active


    Best wishes





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  • priyasagiraju
    04-07 03:20 PM
    Iam on L2 and working on my EAD which is expiring on april 29 th 2011.

    I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
    we are trying to reappeal to USCIS but iam not sure if its going to work.

    Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
    They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
    Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.

    Thanks in advance



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  • gcpain
    06-25 11:09 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.





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  • psk79
    05-28 12:27 AM
    My lawyer said we can use the same non PO Box address mentioned in the EAD to send the AP documents as well. According to the lawyer you can send it all in one big envelope and demarcate the I-131 vs the I-765 or do it like I am, in 2 seperate smaller envelopes and then I am going to put the 2 envelopes in the same fedex package and mail it out.

    Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...

    thanks.



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  • Pagal
    04-06 05:48 AM
    Hello,

    IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.





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  • factoryman
    06-19 11:32 AM
    Search and post. There are ton of posts and replies here. Go and read. Do your homework before you post. Show us you didnot find anything.


    What happens if the PPD is posiive and x ray is negative as can be the case in may indian because of BCG Vaccine

    please people with similar situation share yr exp

    thanks



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  • lonedesi
    07-27 12:07 PM
    Anyone who knows about this issue, please respond





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  • akkakarla
    08-26 02:30 PM
    My PD is current since I filed the case, after waiting for almost 8 months I opened the S.R and got the letter back explaining...."We are actively working on your case, however your case under extended background check�blah..blah..blah�"

    What exactly is that? Do you know what they are trying to do? Is it part of delay tactics? What exactly do they do in extended background check does anyone know what it is?



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  • newbie2020
    06-23 11:53 AM
    I agree , We have a lot of Professionals among us and such activities will certainly help.

    Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate

    Any thoughts





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  • rajuram
    05-05 11:28 AM
    does anyone know when they will discuss it - in the house and in the senate?



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  • harrisonaquino
    04-27 10:30 PM
    Hi guys!
    Probably this question has been answered somewhere else, but I just could it find it...
    Basically, I need to know if it's required to actually send 3 years taxes or w/ Ws would be enough as initial evidence. The i-134 DO NOT ask for taxes, but for bank letters, employment letters and I think that for W2's.

    Any past experiences would be much appreciated!

    thanks

    harrison





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  • cancerian_here
    09-26 10:38 PM
    Hi,

    I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
    My major concerns are:

    1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
    Is it advisable.

    OR

    2. Do I have an option of getting my FingerPrint done at any consulate in India.

    Any help would be appreciated.

    Thanks





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  • jai_immigration
    09-24 10:06 AM
    It depends on the I-140 you requested USCIS to consider while you aplied for I-485. There is some process called interifling, where you can later request USCIS to use the I-140 with better priority date against the I-485 so you can avoid multiple I-485.





    mkiv
    03-24 12:58 PM
    Totally irrelevant to this forum. Administrator please review this thread.

    I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.

    I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.





    cache22
    12-01 03:01 PM
    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.



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  • fatjoe
    08-30 01:10 PM
    I'm strating this thread to check out if your I-485 package was received by R.COOK at NSC and if your checks are cleared.
    I sent my I-485 on July 18, the checks are not cleared yet.
    I sent my EAD/AP pcakage on Aug 10, where the checks got cleared last week. But I didn't get my receipts notice yet.
    My I-140 was sent to TSC, which is not approved yet. Any thoughts?





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  • Blog Feeds
    05-12 05:20 PM
    The H-2B visa program is vital to America�s small businesses and thus to America�s economic recovery. The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons. Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.

    Small and seasonal businesses hire American workers and they do hire every qualified
    American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.

    Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.

    Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.

    RELIEF NEEDED:

    � An H-2B visa returning worker extension will go a long way in helping small and
    seasonal businesses survive in the short term. The extension would provide
    emergency relief by exempting from the cap H-2B returning workers who already
    have successfully participated in the program in one of the previous 3 years.
    � Without Congressional relief soon, many U.S. businesses will be forced to limit their
    services or close their doors permanently rather than be a part of the economic
    recovery.

    CURRENT LEGISLATION:

    � H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
    Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
    Act of 2009 (H.R. 1136/S. 388).



    More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)





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  • pvpb
    10-18 11:29 AM
    My case was filed at NSC on august 3rd...transferred to VSC and the 485 was transferred to TSC evn though my 140 is fro NSC...donno the logic behind it though






    Hi

    I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication

    EB3
    PD 10/04
    RD 08/03
    ND 10/12

    I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC

    I-765, I-131, FP are pending.





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  • waiting4gc02
    01-10 01:52 PM
    Guys:
    Any news when this would be out and what to expect..??

    Good Luck..



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  • bhagat69
    04-23 12:21 PM
    Please can you tell me how I can start my own thread





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  • sertha1
    06-22 12:40 PM
    I am in a strange situation. My wife got her H1B approved with petition starting date 10/1/2006 but never worked. She got her SSN on 02/24/2007. I spoke to the attorney and he gave me 3 options:
    1) Change her status to H4 and apply I-485 when she gets the approval notice. But I dont know whether the priority dates would be current then?
    2) Send her back to the home country and get the H4 stamped and come back on legal status. I am afraid what if she is denied H4.
    3) Apply I-485 and only at the time of adjustment of status, the officer can only decide her case to approve or deny. Till then we cannot know.

    What was her status between 10/1/2006 and 2/24/2007 when she didnt had the SSN? Is she considered H1B or H4?

    Is anybody in a similar situation and what are the options?

    Thanks.



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  • PresidentO
    02-03 01:50 AM
    Are you serious? I must be a super expert on taxes because I have always done it on paper using a calculator for the last 14 years and counting. Just spend an hour reading the instructions and you're done. Have a question, call the IRS. Unlike other government agencies (cough.. USCIS cough..) the agents at the other end of the line are actually helpful and responsive.
    -a

    Well, Not every one is as patient as you are in reading the instructions and if needed a friendly manual or dialing 800 829 1040. The feeling is mutual about the IRS helpline folks.
    The OP seemed very confused and thats why I suggested not to fill in on paper by hand.





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  • PALLO
    04-15 08:27 PM
    anyone, would appreciate any suggestions

    Thanks!



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  • rayoflight
    02-02 04:50 PM
    You are welcome. One more thing if its only B1 he cannot come in as B2 (Tourist Visa). Hope this helps. Cheers, Rayoflight





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  • MrWaitingGC
    09-07 07:38 PM
    There is no time limit of out of status.

    Once you are out of a company you are out of status.

    So make sure Company B at least files your case before 15th.



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  • asdfred
    06-08 11:18 PM
    I do not think today is the day and tomorrow does not look any better..for Comprehensive Reform or Employment based reform..All we can do today here is just show some support to each other at IV





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  • bank_king2003
    04-23 06:55 PM
    Alright so it is better then i dont take any equity at all untill i get greencard?

    what if i come on EAD ?? does it effect anything or still the same result ??

    Thanks Again!!



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  • pappu
    05-23 08:16 PM
    Such half quotes cause more damage than do anything good for us. Maybe they picked up a few sentences rather than displaying the full context. I have not seen the full message. Looking at the quote and paragraph about 'Competing in the 21st Century Economy ' it seems like this argument is for more H1B visas and STEM exemption of H1B visas from its annual 65K quota.
    Such messaging actually hurts us. Unless there is mention of 'Greencard' and 'backlog' such general statements would mean H1B to many.





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  • pscdk
    08-05 08:15 PM
    Sure can! See the tracker. There is at least one person who filed in Texas and has his/her EAD approval date before the Finger Printing date

    I also had got my EAD way before my 1st FP - but that was in 2005

    Referring to your signature, did you file your spouse 485 after you got green card?



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  • saravanaraj.sathya
    08-19 12:21 PM
    Guys,

    I am currently located in Buffalo, NY for my work. Anyone from Buffalo who is willing to join DC Rally pm me so that we can plan for car pool.

    Anyone from NY, BUF in IV?





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  • leoindiano
    02-04 02:32 PM
    Congrats,

    contact your lawyer... We are talking about your entry into US. Also, pls. delete other 2 duplicate threads.



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  • anilsal
    12-02 11:43 AM
    We can never trust that lawyers have the latest information. That is why it is so important to get views from the community in forums. Everyone has different lawyers and has different experiences.





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  • saps
    10-17 10:43 AM
    There are very few private loan options that you have. If you have a co-signer who is permanent resident or a US Citizen, you have a bigger pool of options but I know of one organization "Access Group" who give out loan if your stay in US is more than 3 yrs + if you have 4 credit cards in your name..You can dig into more details by googling them.
    Most of the schools in US also have a tie up with TMS (tuition management system) which let you pay your semester fees in monthly installments. You might want to check that out too. Hope this helps. Good Luck!





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  • tabletpc
    08-23 03:39 PM
    "Well, thankfully, you are EB2 so you won't have to wait long.
    "..
    the wait is not less than 2 year....





    gc_check
    07-17 02:00 PM
    There is an on AILA titled...Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
    Does anyone know what it is about?
    AILA REPORTING THAT ANNOUNCEMENT UNLIKELY TODAY
    The American Immigration Lawyers Association is now telling members not to expect an announcement today. It is not clear why USCIS has delayed an announcement, but I will report as I learn more
    http://blogs.ilw.com/gregsiskind/





    seeking_GC
    07-02 09:45 AM
    I live/work in california - and on the I-485 form it says the address is :
    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    but it also says in the first few lines in the form:
    If you live in one of these states or territories, please read this notice to determine your filing location:
    ALASKA, CALIFORNIA, IDAHO, IOWA, KANSAS, MARYLAND, MISSOURI, MONTANA, NEBRASKA, NEW MEXICO,OKLAHOMA, OREGON, TEXAS, AND WASHINGTON
    AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-485

    Also if I use fedex then it cant deliver to the PO Box..I am really confused..

    If its possible to file at a local USCIS center its better because it can reach there faster- maybe even today?

    Can someone please advise? Apologies if this has been covered already.



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  • Aura M.
    01-14 04:07 PM
    I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??

    I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.


    I will do it my self, but I need to be inform before, to avoid any mixtakes, I think is not impossible without a lawyer...





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  • sodh
    07-27 12:23 AM
    If he could fix everything we would'nt be in trouble.
    By the way his name is Prakash , if it registers in someones head.





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  • kirupa
    04-09 11:34 PM
    Added up :beam:





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  • cr52401
    02-14 09:34 AM
    I think you need to wait till you have EB2 numbers available or else you need to with draw the inter filing before your I-140 assumes the eb3 priority date.The withdrawl my trigger RFE.That is my openion.Gurus correct me.

    Thanks for your reply. Do you think even when my visa number is available, they still put the file on hold until they approve the second 140? The second EB2 filed in December in TCS. So I need to wait long time to get it approved!!
    My company attorney really dont know a lot about this issue. I guess I need to speak with a good attorney.
    I hope we can get some help from people here.

    Thanks.



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  • ArkBird
    06-30 02:32 AM
    Why you are concerned? Even my wife opened the company and doing business.... That's what EAD is for....

    Chill! Life is too small to worry about such things.. You are not doing ANYTHING illegal by opening a company. If anything, USCIS should be glad that their EAD is helping the ailing economy.





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  • chintainfogc
    10-28 04:49 PM
    Hi,
    We (me and my wife) have received RFEs to submit G-325A forms on 9/24/09 and our lawyer submitted the requested documents last week on 10/20/09, on the next day USCIS online status changed to "We have received RFEs documents and this case processing has resumed........" on very next day 10/22/09 online status changed to "RFEs sent......."

    Now we (me and my wife) and our lawyer received same RFEs again thoguh our lawyer submitted requested documents.

    Please share your thoughts on how should i go from here...should i submit documents again?? or should i take an info pass and try to find out whats gaing on with our cases?

    Thanks in advance
    chintainfogc



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  • paddy.
    06-24 06:37 PM
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  • reddy77
    12-16 05:40 PM
    Hello Immi Gurus,
    My wife's Advance Parole is approved and we moved to the new address on the same day they mailed the document, I have updated the Address with USCIS online after couple of days. Its been 10 days and I still didn't get Advance Parole to my old Address, been checking with the present owners about the mail. They have removed our name from the slip which is inside the mail box. I am not sure whether post office returned it or still didn't get the document.

    Please advice whats the next step, Should I wait for couple of more days and then call the USCIS? In case, if the document is returned to USCIS, how difficult is to get the document again to the new Address, we are planning to go to India soon.

    I would really appciate if someone could update me on this. Thanks so much ....



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  • eilsoe
    09-30 08:49 AM
    oki, but u could also go for the built in flare filter...





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  • amitkhare77
    03-03 08:53 PM
    wow - you look really scared. I dont see anything wrong sending them an email. as long as you write correct passport number, VFS receipt number, you should be good. you not doing any crime by asking. they wont care if it is written in english or local language just because your mom can't speak english.
    again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.

    The above is my personal opinion, make your own judgement.



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  • ivjobs
    10-28 07:49 AM
    I have seen many people on this forum that haven't notified USCIS but changed jobs.

    Hi,

    I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD

    1. Is it Mandatory to file AC21?

    2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects?

    3. Can I work on 1099?

    Thanks in Advance.





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  • masti_Gai
    01-25 08:15 AM
    NOPE:(
    min GC required:eek:



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  • muraliy
    09-15 05:09 PM
    Thanks for your replies. I suspected as much. I wanted to make sure before I start the process of gathering the recommendation letters all over again.





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  • raysaikat
    08-01 12:11 AM
    Dear Madam,

    My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..

    Regards,
    -AShu

    You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.



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  • diptam
    07-29 04:40 PM
    I dont know if USCIS requires this format or not but i submitted my 140 with this letter format... By the way - my 140 is not yet approved its pending for 3 Months at Nebraska.

    /***

    May 05, 2007

    RE: Mr. XXXXXXXXXXX

    TO WHOM IT MAY CONCERN:

    This letter is to verify that Mr. XXXXXXXXXXX was employed by <company name> as a full-time Software Engineer from mm1/yyyy1 to mm2/yyyy2. During this period he worked 40 Hours per week.

    During the period of employment at <company name> Mr. XXXXXXXXXXX’s duty were to Plan, design, develop, test and document application software using < technology list .... >

    Mr. XXXXXXXXXXX has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. XXXXXXXXXXX all the best in his future endeavors.

    Sincerely,


    _____________________________
    Mr. XXXXXXXXXXXXX
    Project Manager

    ***/

    Hi,

    This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.

    If some one has the format currently required by USCIS, please post it.

    Thanks





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  • gc_check
    06-21 07:32 PM
    Hi, I recently got married to an American Citizen. I am Canadian citizen and on travel visa here. I filed my I-485 jut last week. My question is how long does it take to get permanent resident approval?

    Since you got married to a us citizen, the entire process is much faster and you must have the green card in less than 6 or utmost 9 months.



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  • Jiruharudo
    04-19 02:12 AM
    ..Since when does bacon have a gender?? o_o;;;





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  • zCool
    04-02 08:50 PM
    1. You can definitely change the employer and invoke AC21. No issues there..

    2. You can change AOS to consular, but not after you've invoked AC21.
    Actually there's probably a way to do that too , but maybe a good (and probably expensive) lawyer needs to be consulted.





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  • indyanguy
    07-17 09:16 PM
    My lawyer sent out the LC Substitution/140/485/EAD on July 2nd and said that all these can be filed concurrently and he wanted to take advantage of the dates being current.

    I read in several forums that it's necessary to have the LC substitution stage completed before filing for 140/485. Is this true?

    Is it possible that there are more chances of LC substitution denial? If so, what are my options?

    Thanks!

    PS: This is a genuine LC substitution case!





    ameryki
    04-22 09:20 PM
    that is what the embassy has stamped on my old visa pages when I got a renewal visa stamped.





    satishbsk
    06-27 01:22 PM
    I gave documnets to attory with my recent H1 receipt notice to file 485, I will update if there is any news from my attorny

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