carbon
11-01 02:06 PM
Dear Friends,
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
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venky321
03-23 07:19 PM
I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
newbie2020
06-17 12:57 PM
As long as you meet the requirements for EB5 (500K in approved areas/ 1M in rest)
you should be good. They don't need the 140 and if you haven't applied for 485 then it doesn't matter.
Also did u know it is a conditional GC (just like when u marry USC you get a conditional GC) after 2 yrs you need to apply for removal of conditions by proving you met all the EB5 requirements.
you should be good. They don't need the 140 and if you haven't applied for 485 then it doesn't matter.
Also did u know it is a conditional GC (just like when u marry USC you get a conditional GC) after 2 yrs you need to apply for removal of conditions by proving you met all the EB5 requirements.
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ajju
08-25 06:36 PM
No E2 (EB2) consular processing cases were scheduled by mumbai consulate.
Mumbai consulate - Consular Processing appointments
September
http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf
August
http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf
Give me a green dot if you can.
Probably they've separate pdf for EB appointments or following USCIS bi-specialization strategy :-) Good find anyways...
Mumbai consulate - Consular Processing appointments
September
http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf
August
http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf
Give me a green dot if you can.
Probably they've separate pdf for EB appointments or following USCIS bi-specialization strategy :-) Good find anyways...
more...
looivy
06-24 11:24 PM
Which service center did your wife apply to ?
Nebraska
Nebraska
nozerd
01-19 03:34 PM
Date when LC is filed if its in a category where LC is required. If its NIW or Scheduled A then PD is date I 140 is filed.
more...
aguada
11-09 11:40 AM
My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
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nlssubbu
03-22 01:34 PM
Thanks guys for reading such a big article and taking time to know against whom we are really fighting for. I hope every one read this article and know the people behind the scene, their intentions, the power and clout they have.
This may help all of us to be united to fight against such powers leaving all our diferences for a good cause, which is a herculian task.
I only hope all members of IV stand united to achieve success.
Good luck and all the best,
nlssubbu
This may help all of us to be united to fight against such powers leaving all our diferences for a good cause, which is a herculian task.
I only hope all members of IV stand united to achieve success.
Good luck and all the best,
nlssubbu
more...
chanduv23
09-07 01:52 PM
I sent this to Tri State Chapter - good stuff Jazz
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diptam
07-29 04:40 PM
I dont know if USCIS requires this format or not but i submitted my 140 with this letter format... By the way - my 140 is not yet approved its pending for 3 Months at Nebraska.
/***
May 05, 2007
RE: Mr. XXXXXXXXXXX
TO WHOM IT MAY CONCERN:
This letter is to verify that Mr. XXXXXXXXXXX was employed by <company name> as a full-time Software Engineer from mm1/yyyy1 to mm2/yyyy2. During this period he worked 40 Hours per week.
During the period of employment at <company name> Mr. XXXXXXXXXXX’s duty were to Plan, design, develop, test and document application software using < technology list .... >
Mr. XXXXXXXXXXX has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. XXXXXXXXXXX all the best in his future endeavors.
Sincerely,
_____________________________
Mr. XXXXXXXXXXXXX
Project Manager
***/
Hi,
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
/***
May 05, 2007
RE: Mr. XXXXXXXXXXX
TO WHOM IT MAY CONCERN:
This letter is to verify that Mr. XXXXXXXXXXX was employed by <company name> as a full-time Software Engineer from mm1/yyyy1 to mm2/yyyy2. During this period he worked 40 Hours per week.
During the period of employment at <company name> Mr. XXXXXXXXXXX’s duty were to Plan, design, develop, test and document application software using < technology list .... >
Mr. XXXXXXXXXXX has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. XXXXXXXXXXX all the best in his future endeavors.
Sincerely,
_____________________________
Mr. XXXXXXXXXXXXX
Project Manager
***/
Hi,
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
more...
marcus12
01-28 02:28 PM
I have finished my 1st MS and was doing my 2nd MS
In fall semester I applied for all online courses and when it was the time of exam I had to leave to India as my Grandfather was very sick.
I was in lot of pressure as I was very close to them so I left. Before leaving I did asked the admission officer in university and she told that I will get all F grades and I can take same courses again in Next semester.
I was ready to do that. So I left USA and came back in January. 2 days before I received a letter from university that I have been dropped off. I was shocked and tried contacting the admission officer. She told me that they can reinstate now for my F1 visa and thats the only way.
I want to know if these is the only way or if there is some other way to get back in status. I dont want to leave country and come back to get reinstatated as I think its too risky.
What are the chances of reinstatement if I have clean history as well as no work records from the time I entered in USA. I have been student from last 4 years from the time I entered USA.
I do want to apply for visitor visa in future. HOw will these situation affect that
In fall semester I applied for all online courses and when it was the time of exam I had to leave to India as my Grandfather was very sick.
I was in lot of pressure as I was very close to them so I left. Before leaving I did asked the admission officer in university and she told that I will get all F grades and I can take same courses again in Next semester.
I was ready to do that. So I left USA and came back in January. 2 days before I received a letter from university that I have been dropped off. I was shocked and tried contacting the admission officer. She told me that they can reinstate now for my F1 visa and thats the only way.
I want to know if these is the only way or if there is some other way to get back in status. I dont want to leave country and come back to get reinstatated as I think its too risky.
What are the chances of reinstatement if I have clean history as well as no work records from the time I entered in USA. I have been student from last 4 years from the time I entered USA.
I do want to apply for visitor visa in future. HOw will these situation affect that
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jatinr
01-17 11:05 PM
I have received 485 receipts and PD field is empty. My I-140 which was already approved has the priority date specified in it.
Is there anyone who has this column filled in their 485 receipt?
Is there anyone who has this column filled in their 485 receipt?
more...
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h1bjava
03-13 05:11 PM
Thank you hpandey for the clarification. If I apply H1B extension in premium processing in apr itself, I will know soon if it will go through or not. My plan is to apply H1B transfer immediately to a new employer in case of H1B extension denial from the current employer, as I will still have valid H1B for few more months till Sep 09.
One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.
One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.
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inspectorfox
08-17 03:46 PM
Don't tell me you got one for this!
more...
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123Wait
10-25 05:58 PM
I attended the last telecon and it was very informative. Let show our issue to the real person "Ombudsman". where things move faster!!!!
Who is ombudsman?
An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.
en.wikipedia.org/wiki/Ombudsman
Who is ombudsman?
An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.
en.wikipedia.org/wiki/Ombudsman
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frostrated
06-18 02:38 PM
My husband's employer filed for green card under EB-1 (OR). I-140 got approved, I-485 is pending. I already did my fingerprinting. My husband's is scheduled for next week. We did not get EAD or AP yet.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
more...
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rhlsur
05-06 08:23 PM
I'm facing a frustrating issue and am hoping that someone can provide help on this. I'm on my H1 10th year extn. My I-140 (EB-3) was recently approved and I cannot apply for I-485 as the visa dates are not available. My Company recently changed their name from ABC, doing business as XYZ, to DEF, doing business as XYZ (the doing business as part of the name is the same and there was no merger, just a name change).
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
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ketumax
06-19 11:35 PM
I am on H1B visa and my wife has filed N400. We have been married for 1 year and 2 months. she just gave her finger printing on June 10th. we have not yet filed I130 petition as of yet as we were thinking to do that after she gets her citizenship. But today I got laid off from work and the immigration officer mentioned that my wife should file I130 ASAP to avoid deportation. In form I30 On line Item 15 it says to enter the name and address of present employer. I got laid of from work on June 19 today and my wife is filing this I130 petition on Monday June 23. My termination letter indicates june 19th date. I will receive my last pay stub on July 3rd.
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
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Jaime
04-09 06:37 PM
http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/
This is nothing. This is also like Biden speaking in Central America recently. Lots of noise, but Obama is moving forward
This is nothing. This is also like Biden speaking in Central America recently. Lots of noise, but Obama is moving forward
ganugapati
11-16 10:25 PM
Here is my current visa situation
Labor, I-140 approved
EAD/AP valid
I-485 pending for 3 years.
EB2/India � July 2007 filer
I got laid off last year and have been unemployed for 1 year.
I am thinking of applying for California state unemployment benefits. Here are my questions
1) Is there a risk that the EDD office could forward this information to USCIS
2) If the USCIS comes to know about this then is there a risk that they may issue a RFE for an updated job offer and subsequently deny I-485.
Labor, I-140 approved
EAD/AP valid
I-485 pending for 3 years.
EB2/India � July 2007 filer
I got laid off last year and have been unemployed for 1 year.
I am thinking of applying for California state unemployment benefits. Here are my questions
1) Is there a risk that the EDD office could forward this information to USCIS
2) If the USCIS comes to know about this then is there a risk that they may issue a RFE for an updated job offer and subsequently deny I-485.
Ramba
07-17 04:55 PM
As you have well passed the LC stage, it is very difficult to retain your old PD. Even if DOL send a new LC with old PD, it will be an uphill task to convey this to USCIS your to ammend your already approved 140 with new PD. This new PD information has to be carried over to both I-140 and 485. If you get a new letter/LC from DOL inform the USCIS (both 140 and 485) thro all means, like send a certified mail, inform over phone and take a infopass to correct the PD. Then keep your finger crossed.
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