chanduv23
04-18 10:55 PM
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
well yes and no. depends on a lot of factors. If there is nothing wrong with your case, you dont have to worry.
Only issue is - getting a denial and applying for MOTIC means spending money and unnecessary tension and if you are out of the country when you get a denial - it gets extremely complicated.
Once preprocessed, there is no reason for USCIS to touch the files until the dates are current so hang in there. Do not stress.
Know what is going on and be prepared.
Playing it safe and stressing and trying to get total control over your situation will only result in added stress and not good for health.
I would strongly recommend that people must really come forward and lobby hard for atleast a recapture bill or any other bill. We MUST all start working extremely hard to get our issues resolved and IV is a wonderful platform.
well yes and no. depends on a lot of factors. If there is nothing wrong with your case, you dont have to worry.
Only issue is - getting a denial and applying for MOTIC means spending money and unnecessary tension and if you are out of the country when you get a denial - it gets extremely complicated.
Once preprocessed, there is no reason for USCIS to touch the files until the dates are current so hang in there. Do not stress.
Know what is going on and be prepared.
Playing it safe and stressing and trying to get total control over your situation will only result in added stress and not good for health.
I would strongly recommend that people must really come forward and lobby hard for atleast a recapture bill or any other bill. We MUST all start working extremely hard to get our issues resolved and IV is a wonderful platform.
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Outkastpb231
11-02 05:59 PM
There are many members here, who are looking to get better and get some experience just like you. Maybe you can team up with someone, and do some cool projects to build a portfolio, etc.
Also you should make yourself a website displaying your work that you have now.
:thumb:
I am currently trying to acquire a partner, preferably someone with skills in ActionScripting and PHP, I have a candidate but he also has some bids with other people.
Also you should make yourself a website displaying your work that you have now.
:thumb:
I am currently trying to acquire a partner, preferably someone with skills in ActionScripting and PHP, I have a candidate but he also has some bids with other people.
Rune
May 31st, 2004, 03:41 PM
Fun series.
However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).
OTOH, I don't bring duck-food with me... :)
On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)
However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).
OTOH, I don't bring duck-food with me... :)
On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)
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Jerry2121
07-02 01:22 PM
If notice of action for I-485 does not have a priority date written on it, can I still file WOM since I've had an interview 2 years ago without result? How did your wom filing go?
thanks!
thanks!
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sathyaraj
11-14 01:16 PM
My opinion is not to waste to get the replacement EAD as it is already approved. As per my understanding most of the employers do want only the copy of the EAD card for verification purposes. My wife was never been asked EAD card when she was attending interviews. They needed only copies.
Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.
It is better to inform USCIS though just to prevent any possible identity theft.
P.S. I am not a lawyer. This is just my thoughts!
Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.
It is better to inform USCIS though just to prevent any possible identity theft.
P.S. I am not a lawyer. This is just my thoughts!
anurag
06-13 11:27 AM
I have been through a couple of acquisitions. You dont need to do anything with the h1b.
But for travel - Whenever you are travel outside US, keep a newspaper clipping of the acquisition. Also take a letter from your HR stating you have been working for Company B, which was acquired by Company A and that you continue to work with the new organization.
But for travel - Whenever you are travel outside US, keep a newspaper clipping of the acquisition. Also take a letter from your HR stating you have been working for Company B, which was acquired by Company A and that you continue to work with the new organization.
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hebbar77
11-18 06:26 PM
its down, so .. so what? how does it matter?
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gc_chahiye
08-26 09:47 PM
Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
If you dont respond to the RFE because you did not even receive it, they will deny the I-140 because of abandonment, however you can immediately appeal and it will be re-opened. you have 30 odd days to file the MTR/Appeal; talk to your lawyer to confirm.
If you suspect the RFE is for work experience letter, make sure you have a copy ready (Fax it over to your attorney ASAP; USCIS only needs a copy, not the original). If there is some other issue like your education not matching teh LC requirements, get the equivalency evaluation done asap.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
If you dont respond to the RFE because you did not even receive it, they will deny the I-140 because of abandonment, however you can immediately appeal and it will be re-opened. you have 30 odd days to file the MTR/Appeal; talk to your lawyer to confirm.
If you suspect the RFE is for work experience letter, make sure you have a copy ready (Fax it over to your attorney ASAP; USCIS only needs a copy, not the original). If there is some other issue like your education not matching teh LC requirements, get the equivalency evaluation done asap.
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anilsal
07-22 06:16 PM
Can you please tell us why you need PCC from India? Is this for the 485?.
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anu_t
06-20 02:20 PM
:( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.
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shana04
07-23 12:55 PM
Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?
1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.
2. If you don't trust and join the new company why would they trust you
3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them
4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.
5. If you want your GC process take risk.
6. Money is not always the crietria. Go gain some thing you need to loose something.
I wish you both good luck on finding your new employer and filing GC.
Play safe.
1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.
2. If you don't trust and join the new company why would they trust you
3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them
4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.
5. If you want your GC process take risk.
6. Money is not always the crietria. Go gain some thing you need to loose something.
I wish you both good luck on finding your new employer and filing GC.
Play safe.
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hsingh82
03-09 01:31 PM
Great. Can you give more details like:
1. What was your complaint basis?
Non payment of monies.
2. Did you do DOL or lawsuit?
I did both but the DOL officer told me to pursue the lawsuit as I was on OPT and was hourly employee. If I was on H1B then definitely DOL would have been free and better
3. How long it took?
It took me close to a year to get the settlement.
4. Did you get trouble from the desi emplyer?
No, I gave him troubles as he had to fly as the lawsuit was in different city. Even though the DOL option is better in your case but if you go for a lawsuit and you live in a different state/city than the desi employer, file the complaint locally. It will be great deal of pain for the employer to handle the case.
1. What was your complaint basis?
Non payment of monies.
2. Did you do DOL or lawsuit?
I did both but the DOL officer told me to pursue the lawsuit as I was on OPT and was hourly employee. If I was on H1B then definitely DOL would have been free and better
3. How long it took?
It took me close to a year to get the settlement.
4. Did you get trouble from the desi emplyer?
No, I gave him troubles as he had to fly as the lawsuit was in different city. Even though the DOL option is better in your case but if you go for a lawsuit and you live in a different state/city than the desi employer, file the complaint locally. It will be great deal of pain for the employer to handle the case.
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getta05
03-30 07:47 AM
I am on L2 visa. You dont need to have to have a GC with L2?
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LostInGCProcess
08-18 12:00 AM
Hi All,
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
more...
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ImmigrationAnswerMan
06-29 06:02 PM
Your B-1 visa does not allow you to stay in the US during the gap.
You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.
You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.
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myimmiv
12-17 02:24 PM
Thank you kartikiran and sss777 for your quick replies
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morchu
05-04 04:25 PM
akelkar,
Your highlighted sentence is again for "grant the extension".
We are talking about "invalidation" of a granted extension.
Those are two different things.
And NO. the memo doesnt talk about that.
There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
Your highlighted sentence is again for "grant the extension".
We are talking about "invalidation" of a granted extension.
Those are two different things.
And NO. the memo doesnt talk about that.
There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
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pune_guy
06-05 07:43 PM
Hi,
Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).
We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.
So here's my question:
1. Can I skip renewing her EAD and renew just mine?
2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?
I'd appreciate your thoughts on this matter.
Thanks
Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).
We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.
So here's my question:
1. Can I skip renewing her EAD and renew just mine?
2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?
I'd appreciate your thoughts on this matter.
Thanks
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yogirajd
11-09 09:02 PM
Mine was EB2 before and after first RFE my attorney changed it to EB3.
I don't understand Logic behind this.
I don't understand Logic behind this.
rajenk
09-21 10:43 AM
Raj
what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?
Our lawyer requested as a interfile while filing the new I-140. EB2 dates were current at the time of filing I-140 so that was possible. Otherwise we have to send in a copy of the new I-140 to join the I-485 when one's PD is current. I am waiting for copy of the I-140 to follow up on I-485 with SR and Infopass.
I am using the existing I-485 to avoid confusion and delay. That is what is being recommended by USCIS in many AILA meetings that I am aware of.
what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?
Our lawyer requested as a interfile while filing the new I-140. EB2 dates were current at the time of filing I-140 so that was possible. Otherwise we have to send in a copy of the new I-140 to join the I-485 when one's PD is current. I am waiting for copy of the I-140 to follow up on I-485 with SR and Infopass.
I am using the existing I-485 to avoid confusion and delay. That is what is being recommended by USCIS in many AILA meetings that I am aware of.
kumar1
04-02 09:56 AM
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