hopefulgc
06-02 09:23 AM
Most status related issues are wiped off after a travel outside US.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
wallpaper funny birthday quotes for
gc_maine2
04-03 08:38 AM
Just sent the WevFax # 10, #11. Thanks to IV Core members and all volunteers.
nissan_1
01-27 10:10 AM
I have send the letter to President...
2011 funny birthday quotes for
crystal
02-10 08:44 PM
my receipt also start with wac currently in nsc and there is an lud on my case today .
more...
starscream
06-23 09:38 PM
Related article:
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
�What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
�The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�
�There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
�We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.
Schumer will also attend the White House meeting Thursday.
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
�What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
�The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�
�There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
�We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.
Schumer will also attend the White House meeting Thursday.
psk79
10-27 04:32 PM
The service request is usually a waste of time. They will send a generic response to everyone when case is pending w/o visa numbers. I and almost all of my friends received a response that additional information was needed for processing your case and hence additional delay blah blah.. I think this guy just decided to use security message for your responses. I wouldn't worry about it. If you want to really check this, you can definitely make an appointment at local office and talk to the IO there. But it was even a bigger waste of time in my case. The IO at local office looked at his system/systems and told me that if it is a green card application its faster(just another month or so) and if it is a h visa there is a few month delay:confused: Go figure..
more...
dineshksharma
07-14 03:50 PM
According to my spouse, there were three treatments at the embassy:
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
2010 funny birthday quotes
cool_desi_gc
12-17 09:11 PM
Chumki,
My 485 online status says that they have recieved it on Sept 18th.But i posted my app on Jul 18th and i have return reciept that they have recieved it on July 18th.Someone has actually signed the reciept.So what is my RD ?
My 485 online status says that they have recieved it on Sept 18th.But i posted my app on Jul 18th and i have return reciept that they have recieved it on July 18th.Someone has actually signed the reciept.So what is my RD ?
more...
dtekkedil
07-06 03:34 PM
Yes!
hair Funny Birthday Quotes
Munshi75
03-21 11:41 AM
Pl respond
more...
gcgreen
08-12 01:28 PM
Both your job descriptions say design develop and test applications using Win32 API and MFC (among other things) .... tell me why you are worried again...? :-)
It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.
I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
15-1031.00 has a lot of titles that any software person can fit in.
Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"
Fellow IVans - please comment if this is fine?
It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.
I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
15-1031.00 has a lot of titles that any software person can fit in.
Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"
Fellow IVans - please comment if this is fine?
hot Humorous irthday sayings
rockstart
05-15 08:32 AM
Yes and any one who feels bad can take admission and complete MS. It takes 3-4 semesters any ways.
more...
house funny birthday quotes pictures
softcrowd
10-10 08:48 PM
...if you are willing to see things with open mind, they are very well glorified in US markets too....that's the reason they were able to convince & win the confidence of almost all of the fortune companies....I don't think just by media hype, one could win the markets so consistently and see a continuous growth in a capitalistic market like USA.
If you are talking about US Media, they are glorified there too. One of the recent NewYork times best seller - "The World is Flat" is actually inspired by the words of Infosys Ex CEO - Nandan.....There are numorous articles about Indian offshore companies & thier success in all the top magazines - NY Times, Washington Times, Fortune, Forbs, Business Week, Forbes....you name it, there were plenty of artcles in each and every of these.
Coming to the attrition of employees - Top Indian offshore comany's average attrition rates are around 12-15%, which is still on par with World-wide IT companies (including IT Bigwigs in US). Even great US companies like INTEL got so many frustrated employees (& ex emps) that they started a special website (www.faceintel.com) expressing all their bitterness.
At the end, you can still say - they are just glorified bodyshoppers...that's fine. Everyone has the right to live in thier own paradise :)
I rest my case!!
If you are talking about US Media, they are glorified there too. One of the recent NewYork times best seller - "The World is Flat" is actually inspired by the words of Infosys Ex CEO - Nandan.....There are numorous articles about Indian offshore companies & thier success in all the top magazines - NY Times, Washington Times, Fortune, Forbs, Business Week, Forbes....you name it, there were plenty of artcles in each and every of these.
Coming to the attrition of employees - Top Indian offshore comany's average attrition rates are around 12-15%, which is still on par with World-wide IT companies (including IT Bigwigs in US). Even great US companies like INTEL got so many frustrated employees (& ex emps) that they started a special website (www.faceintel.com) expressing all their bitterness.
At the end, you can still say - they are just glorified bodyshoppers...that's fine. Everyone has the right to live in thier own paradise :)
I rest my case!!
tattoo funny birthday quotes for mom.
gcseeker2002
08-22 07:38 PM
I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
more...
pictures funny birthday quotes
raj2007
05-14 08:07 PM
As far as I know, Fiancee visa is only for Fiancee of Citizens, not for GC folks.
Someone pls confirm.
You are right..Financee visa is for citizens only..
Someone pls confirm.
You are right..Financee visa is for citizens only..
dresses tattoo funny birthday quotes
roseball
05-25 03:47 PM
When your H1 is ready to be approved, just go back to Canada, get it stamped and enter US using your H1 visa (I-94 should have H-1 stamp)...Thats it, then you are all set...Even after entering on AP, you can continue to work on H-1 if you are still working for the same employer....No need to re-start/re-apply anything...Your EAD/AP will all be still valid but you will be in H-1 status...You can just keep renewing them...The only thing is when you get married and bring your spouse on H-4, you wont be able to file for her 485/EAD/AP till your PD is current again...
more...
makeup 2011 funny birthday quotes for
wahwah
06-05 12:03 PM
HQPRD 70/6.2.8-P
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
girlfriend funny birthday quotes for
chanukya
05-30 09:57 PM
Voted just now--Aye
hairstyles 2010 funny birthday quotes for
hebron
08-20 10:17 PM
I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
mundada
08-07 05:59 PM
Can you back date your marriage during marriage registration?
pappu
05-31 11:41 AM
I'm not sure how voting on this site is going to improve the chances of this bill. It is simply an application site 2 companies have created. It does not do us any good by voting on such site. It is like voting on petitiononline site annonymously. Pls help me understand the benefits if I am incorrect in understanding this site.
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.