roseball
05-04 04:34 PM
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/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
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/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
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kewlchap
08-21 03:13 PM
The words in red are standard for an EVL (employment verification letter) request. That is nothing to be scared of.
Anders �stberg
July 19th, 2004, 01:35 AM
Anders, I'll try and minimize my baseball shots, but I don't really know any semi-nudes, locally, anyway!
No, no, please don't change anything, I'm just kidding!!
More semi-nudes would be cool though. :p
No, no, please don't change anything, I'm just kidding!!
More semi-nudes would be cool though. :p
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sathishav
06-01 09:03 AM
This is true for most full time positions. I used to work for Wachovia and after merger with Wells Fargo they even withdrew approved I-140s, refused to file responses for perm audits and off course start new GC process. I left after working from them for 5 years. Idea is not to scare you, but just be careful. As someone adviced above, give you best shot in interviews and once you have an offer ask them to confirm in writing that they will process GC in EB2 immediately on joining. Dont join if they dont give you firm assurance. And once you join, start working on this process immediately.
Can't agree more. That is the issue with large companies. If you have a very, very unique skill set and your Manager is very strong that helps. Even that is out of the window in case of acquisition's/bankruptcies (don't see both happening to Oracle though). They even withdraw H1, if you have filed one after layoff.
Can't agree more. That is the issue with large companies. If you have a very, very unique skill set and your Manager is very strong that helps. Even that is out of the window in case of acquisition's/bankruptcies (don't see both happening to Oracle though). They even withdraw H1, if you have filed one after layoff.
more...
usgc07
02-15 09:23 AM
Hi,
My friend got GC when he was single. Later he got married . So spouse is still in India . She has not received GC. She has no visa to visit him.
That is the reason H1B option is being explored. She has the right qualifications and relevant experience. US Corporation is willing to sponser her H1B petition.
Since her husband is already in USA and green card holder, visa officer might reject her H1B petition stating that she is an intended immigrant.
or
he might issue the H1B visa because it is a dual intent visa.
So what's the chances of her getting the H1B visa.
Thanks
My friend got GC when he was single. Later he got married . So spouse is still in India . She has not received GC. She has no visa to visit him.
That is the reason H1B option is being explored. She has the right qualifications and relevant experience. US Corporation is willing to sponser her H1B petition.
Since her husband is already in USA and green card holder, visa officer might reject her H1B petition stating that she is an intended immigrant.
or
he might issue the H1B visa because it is a dual intent visa.
So what's the chances of her getting the H1B visa.
Thanks
sertasheep
05-30 05:14 PM
Thats great news, berkeleybee. You should probably point out that several members may have contributed hundreds or even thousands of dollars,
(including the core team.)
This is a great achievement. I deeply respect the involvement and the efforts of the core team members.
:)
(including the core team.)
This is a great achievement. I deeply respect the involvement and the efforts of the core team members.
:)
more...
abracadabra
05-30 02:22 PM
The window closed automatically, no luck
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ivar
01-22 09:41 AM
No one on this forum who is waiting for PERM Withdrawal or has his PERM withdrawan earlier?
more...
I_need_GC
07-24 10:35 AM
On official police letter head
To whom it may concern.
Mr. XXXXX son of XXXXX is a citizen of India. He has resided at XXXXXX for the past XXXXX years. Our background check on him found no records of him ever being arrest convicted or prosecuted of any crime minor or major.
If you have questions you can contact my office.
Regards
Police official name
Police official rant
Police station address
police station city
police station phone number
.
To whom it may concern.
Mr. XXXXX son of XXXXX is a citizen of India. He has resided at XXXXXX for the past XXXXX years. Our background check on him found no records of him ever being arrest convicted or prosecuted of any crime minor or major.
If you have questions you can contact my office.
Regards
Police official name
Police official rant
Police station address
police station city
police station phone number
.
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puzon23
02-12 02:05 PM
Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.
more...
ampudhukode
03-24 07:01 PM
gcwait,
This was his first job after graduation and has remained there since, so there is only one co to show experience from.
I guess I will ask him to get something addressed for some other purpose like Tom suggested.
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
This was his first job after graduation and has remained there since, so there is only one co to show experience from.
I guess I will ask him to get something addressed for some other purpose like Tom suggested.
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
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gcdeena
01-29 03:13 PM
try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.
Posting this info. provided by some one in this forum long time back.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.
Some of the standard questions:
1) Name check Status ?
2) Background Check Status ?
3) Has it been assigned to an officer ?
4) When can I expect to get some updates on my case ?
5) Can you help me with a ball park date on when my case will be assigned to an officer?
Ofcourse, we all are aware of the standard response we get.
Posting this info. provided by some one in this forum long time back.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.
Some of the standard questions:
1) Name check Status ?
2) Background Check Status ?
3) Has it been assigned to an officer ?
4) When can I expect to get some updates on my case ?
5) Can you help me with a ball park date on when my case will be assigned to an officer?
Ofcourse, we all are aware of the standard response we get.
more...
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Fightwithfate
03-15 12:42 PM
Hi Thank you all,
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
Hi attorneys/seniors,
Getting confused about the online status.
Today morning my employer got mail from VSC saying that their received date is 03/12/2010
Status check online by 10:30 AM(03/15/2010)
Status:Initial Review
Date received shown:03/12/2010
Status check online by 1:00 PM(03/15/2010)
Status:Acceptance
Date received shown:03/15/2010
Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.
Got confused.
How it works normally?
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
Hi attorneys/seniors,
Getting confused about the online status.
Today morning my employer got mail from VSC saying that their received date is 03/12/2010
Status check online by 10:30 AM(03/15/2010)
Status:Initial Review
Date received shown:03/12/2010
Status check online by 1:00 PM(03/15/2010)
Status:Acceptance
Date received shown:03/15/2010
Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.
Got confused.
How it works normally?
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kukitron
08-07 09:01 AM
Hello Gurus,
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
more...
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sam_hoosier
11-27 04:25 PM
USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
The EAD/AP renewal business is a cash cow for USCIS, and they will not do anything to jeorpardize that.;)
Result - status quo :p
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
The EAD/AP renewal business is a cash cow for USCIS, and they will not do anything to jeorpardize that.;)
Result - status quo :p
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immigrant2007
10-22 11:43 AM
The future appears bleak and depressing considering the recent FOIA numbers which put EB3 GC wait times at approximately 8-10 years. Is there no hope at all? :(
There is no hope at all especially when our priorities are so misplaced. Just see how many members even post to any meaningful thread and whenever there is any meanigful thread people are out there to make every effort to derail it using cheap tactics.
There is no hope at all especially when our priorities are so misplaced. Just see how many members even post to any meaningful thread and whenever there is any meanigful thread people are out there to make every effort to derail it using cheap tactics.
more...
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gc_on_demand
05-14 11:27 AM
Is there anyone out there pursuing CP and already working in the USA?
In today's economy/job market, it is a nightmare not to have the protection of EAD.
Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?
Any thoughts?
Looking at your PD it will take a while to get green card in either route. CP is great when dates are current so you can easily get GC . but when dates are not current AOS is good becasue dependetns can get EAD and also little more security than not having EAD.
CP is done by Dept of State ( Consular Post ) and AOS is by USCIS. They are totally different agency under umbrella of DHS. CP cannot get benefit of EAD.
For you it will not be easy to be in both place now. It will be option for person lets say like me whose date never became current and I when I filled I 140 I mentioned CP. I think it take 1 year to route your application to Consular post. so later if my dates become current and my application is not at consular ( Means I am not going to get interview ) I can file AOS. But person already have file CP for more than year then if dates become current he / she will get interview.
For mumbai consulate there is option for AC I 140. where consular accept Attorney certified copy of I 140. So if I believe that my PD will become current in coming 2-3 months then I can file I 824 and ask to route my I 140 to Mumbai for CP. which takes 1 year atleast to finish . but in meanwhile my date become current I can take receipt notice of I 824 and go with attorney certified copy of I 140 and they can grant me visa. But it needs very sound planing of when date become current. ( Which is not possible in current environment ). If dates are current for a long time CP is good.
Now you dont have even option to get EAD so I would say stick with CP.
In today's economy/job market, it is a nightmare not to have the protection of EAD.
Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?
Any thoughts?
Looking at your PD it will take a while to get green card in either route. CP is great when dates are current so you can easily get GC . but when dates are not current AOS is good becasue dependetns can get EAD and also little more security than not having EAD.
CP is done by Dept of State ( Consular Post ) and AOS is by USCIS. They are totally different agency under umbrella of DHS. CP cannot get benefit of EAD.
For you it will not be easy to be in both place now. It will be option for person lets say like me whose date never became current and I when I filled I 140 I mentioned CP. I think it take 1 year to route your application to Consular post. so later if my dates become current and my application is not at consular ( Means I am not going to get interview ) I can file AOS. But person already have file CP for more than year then if dates become current he / she will get interview.
For mumbai consulate there is option for AC I 140. where consular accept Attorney certified copy of I 140. So if I believe that my PD will become current in coming 2-3 months then I can file I 824 and ask to route my I 140 to Mumbai for CP. which takes 1 year atleast to finish . but in meanwhile my date become current I can take receipt notice of I 824 and go with attorney certified copy of I 140 and they can grant me visa. But it needs very sound planing of when date become current. ( Which is not possible in current environment ). If dates are current for a long time CP is good.
Now you dont have even option to get EAD so I would say stick with CP.
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wellwishergc
07-11 12:31 PM
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floridasun
01-12 11:22 AM
dude.. stop spitting garbage especially when u dont know my situation
sarasuva
01-30 08:44 AM
I had same experience with H1B 8 months back.I had to leave the country due to H1B Xtension denial and MTR denial.As my I140 got approved the day i landed, my employer got 3 years H1B approved and i came in with that again. Now again I140 getting "Intent to revoke". Track record of employer with USCIS is not good. That is why I am worried and looking for other options on worst case. Can you let me know about the 3 questions I asked above in my original question.
Due to repeated issues I am asking the about other options and questions.
Due to repeated issues I am asking the about other options and questions.
desi3933
02-10 04:00 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
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