yabadaba
06-21 09:50 AM
we can only guess
i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc
i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc
pkv
01-07 09:51 PM
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
I got it in a week, I got it from SF Consulate.
also pkv..how many days did it take you to get the new passport?
I got it in a week, I got it from SF Consulate.
GC08
01-28 04:16 PM
Yeah right... he wants your brain, but does not want your body. Got it? :rolleyes:
In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?
In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?
akkakarla
08-05 06:04 PM
Step 1: You will be called for interview by random picking of applications,if the person is arrested and answered yes to if you ever got arrested(95% of the cases will be interviewed,if the people gets suspicision about the applicant and/or sponsoring company.
Step 2: The applicant will be notified about transfer of I485 petition to the local office in email. This stops all LUD's on the case and they pretty much dependent on the local office communication and no updates on their case online.
Step 3: The Local offices will schedule the interview based on the workload and the processing timelines.They will not stop interviewing because of the retrogression.
Step 4: They send out the interview letters either to attorney and/or applicant 2-3 weeks ahead and they specifically mention in block letters the documents they are looking for in addition the original documentation submitted.
Step 5: Attend the interview and make sure to take all the necessary documents listed below:
1 The AOS interview notice letters
2 Passport, I-94s
3 EADs (latest and expired)
4 The fingerprint interview notice letters
5 Letter from old-employer-name
6 new-employer-name Employee varification letter
7 new-employer-name pay-stubs for current and past year
8 new-employer-name Consultant varification letter
9 Marriage Certificate
10 Birth Certificates
11 Couple of Marriage Photographs
12 Degree certificates/transcripts
13 The receipts of last fingerprint
14 Copy of I-485 transfer notice to local office (least Important)
15 Copy of I-485 receipt notice
16 Copy of documents when we applied for I-485 ( if available)
17 Copy of Letter from old-employer-name to INS written on 2/12/2002 with I-485 app.
18 Copy of I-140 approval notice ( if available)
19 Copy of Labor Approval ( if available)
20 W2 and Tax Returns
21 Employee/W2 wages List
22 Latest bank statements and utility bills
To the best of my knowledge these are the documents I may miss one or two.
Step 6: Once the interview is completed and the officer is satisfied with the documents and answers he will take the passports and check for the visa number to the A#. If he feels some discrepancy they will say that they will send the decision in mail which means we need to embrace for anything.
Step 7: If the visa number is issued from DOS he will then stamp the passport with I551 stamping and the card will be sent in week or two. If the decision is being sent in mail it generally(30%-70% of the times is rejection or asking for additional proof).
PS: It is not adviseable to reschedule the interview date. Once the date is reschedule one has to be prepared for long periods of time.It is good to get it done and get the moneky of our backs.
If you really need to reschedule the interview that is already scheduled one MUST MAKE SURE that the USCIS Local Offices are updated and get a written confirmation if possible otherwise the case will be considered abandoned.
Step 2: The applicant will be notified about transfer of I485 petition to the local office in email. This stops all LUD's on the case and they pretty much dependent on the local office communication and no updates on their case online.
Step 3: The Local offices will schedule the interview based on the workload and the processing timelines.They will not stop interviewing because of the retrogression.
Step 4: They send out the interview letters either to attorney and/or applicant 2-3 weeks ahead and they specifically mention in block letters the documents they are looking for in addition the original documentation submitted.
Step 5: Attend the interview and make sure to take all the necessary documents listed below:
1 The AOS interview notice letters
2 Passport, I-94s
3 EADs (latest and expired)
4 The fingerprint interview notice letters
5 Letter from old-employer-name
6 new-employer-name Employee varification letter
7 new-employer-name pay-stubs for current and past year
8 new-employer-name Consultant varification letter
9 Marriage Certificate
10 Birth Certificates
11 Couple of Marriage Photographs
12 Degree certificates/transcripts
13 The receipts of last fingerprint
14 Copy of I-485 transfer notice to local office (least Important)
15 Copy of I-485 receipt notice
16 Copy of documents when we applied for I-485 ( if available)
17 Copy of Letter from old-employer-name to INS written on 2/12/2002 with I-485 app.
18 Copy of I-140 approval notice ( if available)
19 Copy of Labor Approval ( if available)
20 W2 and Tax Returns
21 Employee/W2 wages List
22 Latest bank statements and utility bills
To the best of my knowledge these are the documents I may miss one or two.
Step 6: Once the interview is completed and the officer is satisfied with the documents and answers he will take the passports and check for the visa number to the A#. If he feels some discrepancy they will say that they will send the decision in mail which means we need to embrace for anything.
Step 7: If the visa number is issued from DOS he will then stamp the passport with I551 stamping and the card will be sent in week or two. If the decision is being sent in mail it generally(30%-70% of the times is rejection or asking for additional proof).
PS: It is not adviseable to reschedule the interview date. Once the date is reschedule one has to be prepared for long periods of time.It is good to get it done and get the moneky of our backs.
If you really need to reschedule the interview that is already scheduled one MUST MAKE SURE that the USCIS Local Offices are updated and get a written confirmation if possible otherwise the case will be considered abandoned.
more...
H1B-GC
07-15 04:49 PM
you can say that.USCIS processes the case Erratically . No Logic . No FIFO. Its just like playing the French Roulette. Sad but True.
WillIBLucky
12-08 08:21 AM
Are you saying that the bill is going to be voted today? And moreover if it even passes will it have to pass in house as well to become a law? from the excitement yesterday I got the feeling if it passes in senate we are good.
can someone clarify this for me?
can someone clarify this for me?
more...
meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
njboy
09-20 10:41 AM
dont look a gift horse in the mouth
more...
mita
08-05 06:17 AM
My husband's I485 was approved yesterday but mine and my son's, no change.
I got the magic mail today ---Card production ordered!!! Just for me.
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
I got the magic mail today ---Card production ordered!!! Just for me.
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
cdeneo
04-02 10:31 PM
The new employer does need to support you thru the GC process, again unclear if this is something that is needed in the AC21 letter or not.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
more...
psam
12-16 10:58 AM
Thanks psam. Did they say what was the issue and how many days did it take to get the card after the issue was found out?
I took usual 20/25 days. Dont exactly remember.
I took usual 20/25 days. Dont exactly remember.
nozerd
01-15 09:52 PM
Looks like the best bet for you would be to give the exam in either Houston or Dallas.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
more...
GCVivek
04-28 06:08 PM
This is another fake story and push to try to get Congress to do something about easing immigration. 150K entrepreneurs have returned home. Really? I have not seen more than 100 Indian+Chinese NEW companies - worth their name - come up in the last at least 10 years. And about 5000 US firms that are making waves have come up in the US, 90% of which are started by born-Americans.
Moral: those that returned home were not entrepreneurs!
Moral: those that returned home were not entrepreneurs!
sangeethak31
07-13 02:51 PM
Hi,
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
more...
ns33
03-18 04:22 PM
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
chanduv23
09-04 04:21 PM
This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.
yes it is like electricity department in India - If you miss payments for a particular period - the next moment they stand in front of ur house and block power suppply whereas they are seen nowhere in vicinity when you complain that you have a power cut and need someone to fix it.
yes it is like electricity department in India - If you miss payments for a particular period - the next moment they stand in front of ur house and block power suppply whereas they are seen nowhere in vicinity when you complain that you have a power cut and need someone to fix it.
more...
snathan
03-30 05:08 PM
Thanks guys for your support. Its not that I didn't want to contribute and I will definetely do it once I get my H1 visa stamped.
Status Update -
Manager is working actively on getting all the documents ready including detailed job description, requriements that were posted when I joined, vendor letter stating they cannot provide the master agreement with detailed duties. My client lawyers have asked the vendor not to share the master agreeement otherwise it will be a breach of contract, so there is nothing much my manager can do.
My company has already prepared a letter to show work schedule if I get out of work with current client.
So now I have almost all the letters that I have been asked for but I'm still not sure if I will get the visa without the master agreement. Do I have a choice?
What do you guys think?
How about your client directly sending the agreement to the cosulate through fax or whatever your client's attorney is saying (breach of contract) get it in writing or print out the email and submit as evidence with other supporting documents.
This is the exact reason we want to work more aggressively for 'Filing for I-485 when PD is not current'. You wouldnt have to be in this mess if you have EAD.
Status Update -
Manager is working actively on getting all the documents ready including detailed job description, requriements that were posted when I joined, vendor letter stating they cannot provide the master agreement with detailed duties. My client lawyers have asked the vendor not to share the master agreeement otherwise it will be a breach of contract, so there is nothing much my manager can do.
My company has already prepared a letter to show work schedule if I get out of work with current client.
So now I have almost all the letters that I have been asked for but I'm still not sure if I will get the visa without the master agreement. Do I have a choice?
What do you guys think?
How about your client directly sending the agreement to the cosulate through fax or whatever your client's attorney is saying (breach of contract) get it in writing or print out the email and submit as evidence with other supporting documents.
This is the exact reason we want to work more aggressively for 'Filing for I-485 when PD is not current'. You wouldnt have to be in this mess if you have EAD.
morphthecat
07-30 03:07 PM
how is the baby supposed to sponsor the parents ??
One option:
http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):
Cancellation of Removal
Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.
.....
I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.
One option:
http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):
Cancellation of Removal
Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.
.....
I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.
seeking_GC
07-12 02:25 AM
Any idea on when the lawsuit actually gets to court?
perm2gc
11-04 12:03 AM
Here's my exact situation:
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
you are confusing....
What i understand is that you want to work for the current client with different consulting company than the one you are currently working..you cannot do it as NCA will cover it .
if You want you can fight..its upto you..Consult a good Attorny as our friends here have mentioned..
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
you are confusing....
What i understand is that you want to work for the current client with different consulting company than the one you are currently working..you cannot do it as NCA will cover it .
if You want you can fight..its upto you..Consult a good Attorny as our friends here have mentioned..
cahaba
04-13 12:36 AM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
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