roseball
02-28 12:29 PM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
You should be fine as the extension was filed in advance. Was your second H1 approved on 04/30/2004....That possibly could be one of the reasons it started on 04/30.....
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
You should be fine as the extension was filed in advance. Was your second H1 approved on 04/30/2004....That possibly could be one of the reasons it started on 04/30.....
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gondalguru
07-23 01:32 PM
R Williams
July 2nd, 7:55AM
According to some websites more than 8000 I-485 applications were filed on July 2nd. Applications areprocessed according to the receipt date.
As there were thousands of application on July 2nd will time of receipt play any role in processing?
Just curious.
July 2nd, 7:55AM
According to some websites more than 8000 I-485 applications were filed on July 2nd. Applications areprocessed according to the receipt date.
As there were thousands of application on July 2nd will time of receipt play any role in processing?
Just curious.
finimits
05-02 03:10 PM
Hi Saji007,
Just to clarify your answer for my first question, do you say moving the the new company before applying for H1B extension is alright (safe)?
I am asking because my 6 years ends on December 1st this year, so if I move in June this year and immediately apply for extension, I should be alright correct?
Also, how will I apply for the extension? Do I just need to send the copy of the I-140 approval notice? What about the fact that my current employer has actually submitted the petition and my job-description etc? I guess if someone could explain this a bit more, I would really appreciate.
Thanks
Just to clarify your answer for my first question, do you say moving the the new company before applying for H1B extension is alright (safe)?
I am asking because my 6 years ends on December 1st this year, so if I move in June this year and immediately apply for extension, I should be alright correct?
Also, how will I apply for the extension? Do I just need to send the copy of the I-140 approval notice? What about the fact that my current employer has actually submitted the petition and my job-description etc? I guess if someone could explain this a bit more, I would really appreciate.
Thanks
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gondalguru
07-19 10:39 AM
Thansk for your reply. In the Residency application(ERAS), there are two categories:
1) Visa - J1, H1, EAD etc
2) No Visa requirement - Green Card/US Citizen.
If we check EAD, they will think that we need a visa which we don't
If we check Green Card, technically we do not have our green cards yet
What is the best thing to do?
Check green card. and clarify later with hospital that no visa needed as u have valid EAD.
1) Visa - J1, H1, EAD etc
2) No Visa requirement - Green Card/US Citizen.
If we check EAD, they will think that we need a visa which we don't
If we check Green Card, technically we do not have our green cards yet
What is the best thing to do?
Check green card. and clarify later with hospital that no visa needed as u have valid EAD.
more...
DSLStart
10-01 09:30 AM
search forums here, people haven't gotten their FP renewal notices even after requesting number of times to USCIS. Request from congress member compels uscis to move their butt.
Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...
Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...
transpass
01-30 10:34 AM
rajiv gupta - ceo of rohm and haas
ramani ayer - ceo of hartford financial
deepak jain- dean of kellogg school
late s chandrasekharan - nobel laureate from u chicago
shantanu narayen - ceo of adobe systems
ramani ayer - ceo of hartford financial
deepak jain- dean of kellogg school
late s chandrasekharan - nobel laureate from u chicago
shantanu narayen - ceo of adobe systems
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indyanguy
01-30 07:59 AM
Bumping for help . Thanks
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gjoe
01-03 04:38 PM
I think USCIS process cases based on the I485 RD. The IO gets the file and he approves if everything is ok with the file and assigns a visa number if it is available, they generally don't care about the PD because they don't want to go back and review the same file. They are doing their best to complete work on a file in one go instead of putting it through multiple queues and re-visiting the case again and again. Bottomline they are working effeciently by using their manpower more productively instead of going back and forth on the 1 million I485 files.
This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.
I maybe wrong, but the trend suggests what I have mentioned.
This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.
I maybe wrong, but the trend suggests what I have mentioned.
more...
ken
04-10 01:57 PM
Then its possible.. depending from where GC was filed...
Call them and lets us know what you find out...
No my employer is not florida based
Call them and lets us know what you find out...
No my employer is not florida based
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Phogs
06-23 10:00 PM
You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.
DID THE SAME THING! WENT TO TIJUANA, MEXICO FOR STAMPING. T'WAS PRETTY QUICK AND EASY. MAKE SURE ALL DOCUMENTS ARE LEGAL THOUGH... ANYBODY GOING TO TIJUANA? MAKE SURE TO VISIT PLAZA DE LOS HEROS..CHEAP CORONA BEER THERE, JUST A BUCK A PIECE, WHICH I INDULGE AFTER GETTING MY VISA STAMPED... :D
CAUTION: MAKE SURE THAT UR SOBER AT POE!!! :D
DID THE SAME THING! WENT TO TIJUANA, MEXICO FOR STAMPING. T'WAS PRETTY QUICK AND EASY. MAKE SURE ALL DOCUMENTS ARE LEGAL THOUGH... ANYBODY GOING TO TIJUANA? MAKE SURE TO VISIT PLAZA DE LOS HEROS..CHEAP CORONA BEER THERE, JUST A BUCK A PIECE, WHICH I INDULGE AFTER GETTING MY VISA STAMPED... :D
CAUTION: MAKE SURE THAT UR SOBER AT POE!!! :D
more...
ArkBird
09-09 05:37 PM
That sucks big time!
I hope they resolve it promptly. Secondly, you can also try contact ACLU and get their consultation on this issue stating excessive harassment of legal immigrant. I have heard of few cases where they helped big time though they were asylum cases.
@ArkBird,
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
I hope they resolve it promptly. Secondly, you can also try contact ACLU and get their consultation on this issue stating excessive harassment of legal immigrant. I have heard of few cases where they helped big time though they were asylum cases.
@ArkBird,
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
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Jaime
09-12 11:18 AM
You can modify the person's name for privacy, but keep the facts of his/her struggle
more...
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gova123
10-30 10:19 AM
Is FP Prepone possible
If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.
If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.
Thanks
Govardhan
If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.
If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.
Thanks
Govardhan
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krishnam70
05-06 11:52 AM
Here is my story, Immigration experts are requested to suggest.......
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
more...
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vedicman
01-03 09:20 AM
NEW DELHI: India may drag the United States to the World Trade Organization , or WTO, over its decision to raise professional visa fees for an extended period and impose a 2% import levy on goods and services sold to the US government, a senior official has said.
The commerce department is studying details of the James Zadroga 9/11 Health and Compensation Act of 2010 which aims to increase visa fee and import taxes on supplies to government to set up a $4.3 billion fund for sharing the healthcare burden of those affected by 9/11 terror attack in New York.
The Senate passed the bill last week and India will soon take a decision on approaching the WTO, commerce secretary Rahul Khullar told ET on Monday.
The final bill, which is now with US President Barak Obama to be signed into law, spells more trouble for Indian industry than the one initially proposed as it imposes an additional levy of 2% on all goods and services sold by Indian companies to the US government and extends the period for higher visa fees from 2014 to 2021.
India has been trying for months to persuade its third largest trade partner to revoke the proposal to increase H1B and L1 visa fees as it could raise the cost of Indian IT companies operating in the US by $200 million annually.
"We do not rush into disputes, but beyond a point, patience does run out," Dr Khullar said, adding that it may be time for the country to explore the option of settling the issue at the WTO.
The first step would be to seek consultations with the US at the WTO on the contents of the bill and if the matter doesn't get resolved, a dispute settlement panel could be set up, the secretary said.
The 2% tax will be levied on countries that are not signatories to the government procurement agreement (GPA) of the WTO, including India.
The commerce department is studying details of the James Zadroga 9/11 Health and Compensation Act of 2010 which aims to increase visa fee and import taxes on supplies to government to set up a $4.3 billion fund for sharing the healthcare burden of those affected by 9/11 terror attack in New York.
The Senate passed the bill last week and India will soon take a decision on approaching the WTO, commerce secretary Rahul Khullar told ET on Monday.
The final bill, which is now with US President Barak Obama to be signed into law, spells more trouble for Indian industry than the one initially proposed as it imposes an additional levy of 2% on all goods and services sold by Indian companies to the US government and extends the period for higher visa fees from 2014 to 2021.
India has been trying for months to persuade its third largest trade partner to revoke the proposal to increase H1B and L1 visa fees as it could raise the cost of Indian IT companies operating in the US by $200 million annually.
"We do not rush into disputes, but beyond a point, patience does run out," Dr Khullar said, adding that it may be time for the country to explore the option of settling the issue at the WTO.
The first step would be to seek consultations with the US at the WTO on the contents of the bill and if the matter doesn't get resolved, a dispute settlement panel could be set up, the secretary said.
The 2% tax will be levied on countries that are not signatories to the government procurement agreement (GPA) of the WTO, including India.
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lkapildev
01-10 04:28 PM
:) May be you are caught on Name Check process.. Call USCIS and get your namecheck status.
Also USCIS process is a complete mess, if someone entered you under CHN quota then 2020. I hope that may not be the case as they have accepted your application even your PD 2007. You should be fine, have patience Use AC21 if you are not happy with your employeer. 6 months from approval of I-140 count that and move on.
Also USCIS process is a complete mess, if someone entered you under CHN quota then 2020. I hope that may not be the case as they have accepted your application even your PD 2007. You should be fine, have patience Use AC21 if you are not happy with your employeer. 6 months from approval of I-140 count that and move on.
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imm_pro
08-18 01:53 PM
The change of status from H4 to H1 is usually effective from OCT 1..so the H4 visa is no longer valid..
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xgoogle
06-24 08:10 AM
Posted on both sections.... no response yet... pls help. :confused:
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tabletpc
08-02 09:01 AM
Not to scare you...from u r details on GC...i will be surprised if you get 485 approved in 3-4 years as the PD is 2006 and its EB3.
As of changing the job dilemma, i am alos in same boat. Being single we can't even use 485 benifits nor we can think of moving to another job. Mine is eb2 and 2006, but still can't think of waiting any longer. I ask myself this question of changing job/not 1000 times a day. Its jsut a matter of time before i get firm on my decsion.
As of changing the job dilemma, i am alos in same boat. Being single we can't even use 485 benifits nor we can think of moving to another job. Mine is eb2 and 2006, but still can't think of waiting any longer. I ask myself this question of changing job/not 1000 times a day. Its jsut a matter of time before i get firm on my decsion.
madanreddy
03-14 08:09 PM
I was 5 years with this company. paid all GC and every legal expenses from my pocket, filed GC couple of times, big time screwups.
flight tickets! If they pay my pay checks I will be happy.
Only mistake I did was to follow rules :)
flight tickets! If they pay my pay checks I will be happy.
Only mistake I did was to follow rules :)
Lok_sumi
07-24 02:57 PM
You can file 2 applications. It's likely that they will not issue two Advance Parole and EAD applications to each of you. At some point down the road USCIS will make you choose which application to pursue to completion.
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