breddy2000
01-04 01:13 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
dish
09-25 09:56 AM
The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
iwantgc
05-08 10:47 AM
Hello all and Pappu, thank you all for your response. I will take Pappu's advice as far as what to discuss with them plus my family's concern, my husband who had to be away from me for straight two years has returned to US and been hopeful to get a work permit through my GC process.
I am planning to return a call to the office of congressat 12 noon mountain time, im in Nebraska. I will keep in touch with IV core members after then.
I am planning to return a call to the office of congressat 12 noon mountain time, im in Nebraska. I will keep in touch with IV core members after then.
vikrantp
01-22 09:17 AM
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
Don't you need to be on their payroll before they file PERM? I am exploring a similar option but I thought you need to be on their payroll before the apply for PERM/I140?
Don't you need to be on their payroll before they file PERM? I am exploring a similar option but I thought you need to be on their payroll before the apply for PERM/I140?
more...
tonyHK12
10-04 03:00 PM
. As you said we can take off the contribution from our gross for tax purpose
That was for Indian residents, don't think IRS recognizes PF, it wouldn't get tax benefit here. 8% FD after tax is still 5.5% annual interest.
Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.
That was for Indian residents, don't think IRS recognizes PF, it wouldn't get tax benefit here. 8% FD after tax is still 5.5% annual interest.
Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.
trump_gc
08-12 06:19 AM
What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?
more...
Macaca
12-15 01:41 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
rsb
06-19 07:47 PM
Fellows,
I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:
1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?
2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.
3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?
Thanks
I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:
1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?
2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.
3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?
Thanks
more...
siva008
02-24 09:08 PM
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
Thank you
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
Thank you
chanduv23
12-09 08:17 AM
Good morning
Bumpppppppppp
Bumpppppppppp
more...
vin13
01-21 08:41 AM
You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.
marwan234
08-06 12:23 PM
:eek: I-140 application, page3, under paragraph Copies: "Copies may be submitted of all documentation with the exception of the Labor Certification which must be submitted in the original".
:D
:D
more...
prom2
11-02 10:20 PM
AP docs received.
Just waiting for GC
Just waiting for GC
kawosa
08-19 12:59 PM
Thanks, I work in the credit derivatives area. Developing IT infrastructure for pricing and doing risk analysis for single names and multi-names credit derivatives. What about you?
started teaching in the same uni after my MBA... thought will get into a phD prog or fninsh the CFA the get into investment analysis,...
5 years have passed, CFA was over long ago.... but just waiting for GC...
started teaching in the same uni after my MBA... thought will get into a phD prog or fninsh the CFA the get into investment analysis,...
5 years have passed, CFA was over long ago.... but just waiting for GC...
more...
optimystic
09-15 01:28 PM
Had they able to think that far, may be many of the issues we face today wouldn't have cropped.
They have a made a mockery out of the processing dates and of a thing called 'accountability' . There's no such word in their dictionary :mad::mad::mad:
They have a made a mockery out of the processing dates and of a thing called 'accountability' . There's no such word in their dictionary :mad::mad::mad:
yagw
03-07 12:44 PM
With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.
I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.
The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.
Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.
For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.
Thank you.
From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)
DISCLAIMER: I am not an Attorney and this is not a legal advice
I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.
The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.
Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.
For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.
Thank you.
From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)
DISCLAIMER: I am not an Attorney and this is not a legal advice
more...
Bpositive
12-06 04:41 PM
Thanks guys...
btw my "card production ordered" email of December 4th was followed by another email on December 5th which says - .
"On December 4, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."
Trust the USCIS to make everything complicated!
Any thoughts? Is this just a redundant email? I am going out of the country for a few weeks starting December 12th.
btw my "card production ordered" email of December 4th was followed by another email on December 5th which says - .
"On December 4, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."
Trust the USCIS to make everything complicated!
Any thoughts? Is this just a redundant email? I am going out of the country for a few weeks starting December 12th.
dhirajs98
01-13 09:51 AM
We received the RFE letter on my pending I-140.
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
pmpforgc
02-08 01:06 PM
Do you have any tentative dates for travelling ?? How flexible the dates are ??
BTW - i am not an travel agent nor related to any travel agency
I am going on 05/24 and coming back 07/16 . going may delayed by day or two if needed but comign date I want to stick to.
BTW - i am not an travel agent nor related to any travel agency
I am going on 05/24 and coming back 07/16 . going may delayed by day or two if needed but comign date I want to stick to.
anilsal
10-12 12:06 PM
in the processing of receipts, EAD and AP. I know it is very frustrating to have not received your receipts.
All you can do is wait some more time AND call the 800 number once in a while to see if the receipt is being generated.
As long as you have a fedex tracking confirmation, you should be fine. The receipts will get generated.
All you can do is wait some more time AND call the 800 number once in a while to see if the receipt is being generated.
As long as you have a fedex tracking confirmation, you should be fine. The receipts will get generated.
reverendflash
10-21 01:50 AM
I bow to all ya'll... :) You guys make my stuff look like a 3rd grader just threw up... :P
::bows, realizing he has 2 different colored socks on::
Rev:elderly:
::bows, realizing he has 2 different colored socks on::
Rev:elderly:
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