manderson
02-08 10:51 AM
bump
It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.
It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.
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pune_guy
06-06 01:11 PM
For H4:
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
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rgpr
03-28 06:19 PM
Dear All,
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Thank you very much for your help.
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Thank you very much for your help.
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kalyan65
10-19 10:25 AM
my i-140 denied for same reason in May'07 three days before Jun'07 visa bulletin released.
I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.
I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
It took 2 months to reply RFE, after 1 month I-140 got approved
Here is my case history,
Came to US : Aug.2000 on H1
First Labour : Apr'03, Labour Approval : Jan'07
First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE
Second Labour : EB3, Oct'07, Labour Approval : Mar'08
Second I-140 : Jun'08, Approved : Apr'09
Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.
I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.
I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
It took 2 months to reply RFE, after 1 month I-140 got approved
Here is my case history,
Came to US : Aug.2000 on H1
First Labour : Apr'03, Labour Approval : Jan'07
First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE
Second Labour : EB3, Oct'07, Labour Approval : Mar'08
Second I-140 : Jun'08, Approved : Apr'09
Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.
more...
nashorn
12-17 10:41 PM
thanks for the inputs guys..
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
The abandenonment denial happens when you don't reply a RFE or Intent to deny before a dead line mentioned in the RFE or intent to deny. It doesn't apply to a final dinial decision which is what you would have got, because (they) got denied as YOURS was denied.
Have you check if your atterney's address on your 485 is correct? When you have an atterney, the decision will be sent to your atterney, not you. If the address of your atterney is incorrect, he wouldn't get it.
You have to get your case reopened in oreder to get your family's reopened. If your's got dinied, theirs have no ground to get reconsidered.
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
The abandenonment denial happens when you don't reply a RFE or Intent to deny before a dead line mentioned in the RFE or intent to deny. It doesn't apply to a final dinial decision which is what you would have got, because (they) got denied as YOURS was denied.
Have you check if your atterney's address on your 485 is correct? When you have an atterney, the decision will be sent to your atterney, not you. If the address of your atterney is incorrect, he wouldn't get it.
You have to get your case reopened in oreder to get your family's reopened. If your's got dinied, theirs have no ground to get reconsidered.
chi_shark
05-06 03:03 PM
Does replying to RFE along with all required documents means GC is coming soon ??
Augustus..did you get GC yet ?
Thanks
yes, it will be in your lap as SOON as your pd becomes current... sorry, it does not mean what we all want it to mean... it could mean that your case gets pre-adjudicated and hence may be quickly approvable once pd is current...
Augustus..did you get GC yet ?
Thanks
yes, it will be in your lap as SOON as your pd becomes current... sorry, it does not mean what we all want it to mean... it could mean that your case gets pre-adjudicated and hence may be quickly approvable once pd is current...
more...
rjgleason
July 19th, 2004, 03:33 AM
No, no, please don't change anything, I'm just kidding!!
More semi-nudes would be cool though. :p
I know you are kidding!!!
More semi-nudes would be cool though. :p
I know you are kidding!!!
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yabadaba
06-20 09:43 AM
they changed the specs cupl of years back..now its all forward facing
more...
americandesi
05-19 02:34 PM
AC21 letter can be sent to USCIS, but as everyone says its not a must.
AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.
In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.
AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.
In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.
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PD_Dec2002
05-22 10:38 AM
OK, my bad for getting the name of the lobbying firm wrong. The moderator is free to change the name of the thread.
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
more...
vasa
07-12 10:25 AM
how can he say Hail for Natives (he isnt one) Natives are RED INDIANS and not these people.
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wandmaker
10-26 11:00 AM
Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
more...
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kondur_007
09-24 01:30 PM
Hi,
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:
THIS MAY BE A PROBLEM.
When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).
I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.
Good Luck.
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:
THIS MAY BE A PROBLEM.
When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).
I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.
Good Luck.
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amalshe
08-24 03:23 PM
Hi guys,
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
more...
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vdlrao
05-11 03:24 PM
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
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ciber.couger
09-23 03:50 PM
I just got a soft LUD on both mine and my wife I-485 too.
I am EB3/ROW, I-140 approved on 09/01/2008,
My Priority Date: 27 Feb 2003
Hopfully it is a good news.
I am EB3/ROW, I-140 approved on 09/01/2008,
My Priority Date: 27 Feb 2003
Hopfully it is a good news.
more...
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chantu
02-19 06:25 PM
If you guys are discussing so much..can somebody take pain to answer my simple question?
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sw33t
09-09 03:27 PM
Its funny how employers like yours are digging their own grave in trying to enforce contracts such as yours.
Do consult a competent lawyer.
Do consult a competent lawyer.
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jackrock79
01-13 03:56 PM
Yes. This is an old case.
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
zoooom
10-26 10:27 AM
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
krishnam70
07-05 11:45 AM
Not a word said about this I485 fiasco on the two mostly watched networks (CNN, ABC). Why can't we try to get their attention in this matter. Please suggest ways of getting this published in the above networks.
I sent emails to CNN, ABC. NBC, FOX and know of atleast 2 more people who have done so. They are busy covering what Paris did in jail and why bush let libby out ..
I sent emails to CNN, ABC. NBC, FOX and know of atleast 2 more people who have done so. They are busy covering what Paris did in jail and why bush let libby out ..
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