Thursday, June 9, 2011

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  • hejilac1224
    09-13 03:41 PM
    Has you h1b finally been approved? I' m interested to what happened next as I am now on the same situation. Thanks and GL.





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  • innervoice
    01-20 12:29 PM
    I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and stil the status hasn't got update, called several times but no luck.





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  • bijualex29
    06-24 08:38 AM
    If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
    Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?





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  • alterego
    02-20 08:12 PM
    EB1 is too restrictive! Even a so called NIW (national interest waiver) does not mean EB1 automatically.

    Just food for thought. At this time there are 28600 EB1 visas. The EB1 category is current and has been pretty close to it for nearly everyone throughout the last couple of years.
    Physicians with their many years of education and relatively very high standing in American society are still not automatically eligible for EB1 visas.
    Likewise someone with a PhD who is gainfully employed. Similarly someone who has the kind of skills that are in such desperate shortage that he/she commands incomes sometimes exceeding 250K(as some do have in the SAP field) as per the free market that some in this country believe religiously. When you make this category so restrictive, then who do you expect to fill it up?

    This is a sign of the broken system in my view.

    Then EB2 and worse yet EB3 become stuffed!



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  • paskal
    08-23 11:51 PM
    I believe that several people have won WOM cases....

    I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.

    Might be worth getting a second opinion with an attorney that's filed and won WOM cases....

    welcome to IV!





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  • sdudeja
    01-30 10:14 AM
    It is "document production or oath ceremony.



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  • rssb
    11-28 07:28 AM
    H1's from A and B are not related and having multiple H1's is valid.

    However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.

    I am under the impression that company B is not aware of H1 filing with company A.

    So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).

    Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.

    You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "

    If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.

    If A is not willing to cancel or you need to ask them to cancel then ....

    Your options might be,

    a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
    b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
    c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.

    I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.

    PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.

    Good luck.





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  • ramhs
    02-06 11:58 PM
    First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.
    In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .



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  • psk79
    05-27 01:13 PM
    Also, Can anyone tell if we can mail both AP/EAD in the same package to the same address? It shows differnet PO Box numbers for teh EAD TSC and AP TSC.

    Thanks.





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  • jamesbond007
    11-01 08:42 AM
    The government published pay that an LCA is evaluated against is usually lesser than the actual pay for that type of job in a region.
    If your LCA was filed with a salary that is right on the number, you would be in trouble.
    If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.

    We are all used to getting raises and bonuses at the end of the year.
    But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.

    If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
    But if it is across the board, more than likely they will restore as soon as things get better.



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  • gc_dreamer_485
    10-05 07:13 AM
    I did call them several times in an attempt to talk to different individuals, but all them have said try contacting the area post office. I don't think area post office will be able to give any other information.
    Are you considering to re-file the case. Or would u be waiting to get the packet back?





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  • trictrac
    09-08 12:34 PM
    I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.

    also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.



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  • ppt.b
    11-19 12:04 PM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.

    I am in the same situation. Our lawyer suggested that I should use AP if I want to continue working on EAD after my international trip.


    Not sure if that is the right way to go.





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  • seebi
    03-14 01:10 AM
    http://www.murthy.com/mb_pdf/030609_P.html

    See under Improper Denials of I-485 AOS on Priority Date Issue
    I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.



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  • garybanz
    09-26 03:05 PM
    ^^^^Bump^^^





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  • whiteStallion
    03-04 07:52 PM
    You can also expand your family .


    This is the best advice I've seen :p:p:p



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  • svennela
    01-22 06:10 PM
    Thanks a lot..





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  • kramesh_babu
    09-10 12:04 AM
    No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.

    Very true. That is exactly I did a month ago.





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  • pd_recapturing
    06-14 02:48 PM
    If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?





    aroranuj
    06-16 12:52 PM
    I recently asked my employer to provide me with a copy of the I-140 Receipt Notice. The company's attorney told my employer that she strongly recommends not giving me a copy as I could leave work with the I-140 Receipt notice. Is it true that I can't leave work even though it has been past 6 months since my concurrent filing if I dont have a copy of the receipt notice?

    Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?

    Thanks.





    agv
    03-19 12:16 PM
    profile updated..can u help now?



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