amberGC
07-19 10:34 AM
Miguy, check ERAS carefully- there are two places for your visa status: one- your curent visa and the other your visa status when you will join the residency, July 2008. For the second, you need to put EAD if you do not have it in had now. Most programs know what EAD is, but you may need to give an explanation to others...
Thanks guys for your help- really appreciate. I also think I cannot join residency on EAD as of now. Just wanted to check if I am missing something important here... Please do inform if you come accross something relevant:)
Thanks guys for your help- really appreciate. I also think I cannot join residency on EAD as of now. Just wanted to check if I am missing something important here... Please do inform if you come accross something relevant:)
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spec1968
10-26 02:41 PM
If i change my status from H1 to F1 until approval of 140 and change status from F1 to H1 will affect my green card process? I heard that once 140 is approved one will get 3 years extension irrespective of status ( i mean on F1 or out of country) . Please clarify
SGP
10-28 11:24 AM
Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
The threat was verbal, I do not have any paper trail. I know that 2 of the 4 colleagues have already signed the agreement. I do not know about the other 2 as they are the owners close blood relation.
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
The threat was verbal, I do not have any paper trail. I know that 2 of the 4 colleagues have already signed the agreement. I do not know about the other 2 as they are the owners close blood relation.
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prasadn
07-14 07:30 PM
Can someone please confirm the renewal fee required for EAD application (I-765).
My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.
My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.
In 2008, I paid the renewal fee when I applied on my own.
My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do
1. Is there a chance that my EAD application will be approved without fee ?
2. Should I just send checks and write cover letter on why fee is required ?
3. Should I send another application, but this time with the fee ?
Should I
From my understanding, if you filed for AOS after August 17th, 2007, you fall under the new fee structure and you don't have to pay AP/EAD renewal fees. Otherwise, you will have to. If I were you I would re-submit the application with the proper fees rather than waiting for USCIS to sit on the application for a few weeks and reject it.
Thanks
Prasad
My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.
My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.
In 2008, I paid the renewal fee when I applied on my own.
My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do
1. Is there a chance that my EAD application will be approved without fee ?
2. Should I just send checks and write cover letter on why fee is required ?
3. Should I send another application, but this time with the fee ?
Should I
From my understanding, if you filed for AOS after August 17th, 2007, you fall under the new fee structure and you don't have to pay AP/EAD renewal fees. Otherwise, you will have to. If I were you I would re-submit the application with the proper fees rather than waiting for USCIS to sit on the application for a few weeks and reject it.
Thanks
Prasad
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watzgc
05-27 05:29 PM
my receipt date is Jul 14th 2007 , got RFE Mar 09th 2008 and replied to RFE Apr 09th 2008 and still waiting.... wat say with u all waiting just 4-5 monts.. thanks,
stuckinmuck
06-15 04:14 PM
06/15/2007: BEC Backlog Elimination and PERM Processing Status as of Today
DOL reports that as of today there are only 48,600 cases remaining to process, out which only about 200 cases are RIR and the balance is the TR cases. This total balance amounces to 13% of total cases received which was 364,000 altogether.
On PERM front, as we reported earlier, they had received more than 200,000 cases, out of which they processed 92%. At this time, denial rate is 20%, but they said the rate would keep going down.
Couple of good news. They are improving the certification notice via e-mail just like the current sponsorship notice via email so that the employer can quickly get the status report and seek remedy, should the employers fail to receive the hard copy certified application or other issues. They will start this email notice services from July 2007.
In July 2007, DOL is scheduled to publish a regulation in federal register to amend the current PERM application form, ETA 9089. The rule will be published with the two months comment period. Once the comment is reviewed and reflected, DOL will publish another rule with 90-day comment period on the revised form itself. The new ETA 9089 will not go into effect until March 2008. The new form will incorporate positive changes, particularly the H Section of the form.
With reference to the Visa Bullen for July 2007 and any relief including unresponsive amendment of the labor certification, DOL is aware of the problem and will try to resolve such issues as soon as possible such that the applicants do not suffer from inability to file I-485 applications because of such delays.
As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.
DOL reports that as of today there are only 48,600 cases remaining to process, out which only about 200 cases are RIR and the balance is the TR cases. This total balance amounces to 13% of total cases received which was 364,000 altogether.
On PERM front, as we reported earlier, they had received more than 200,000 cases, out of which they processed 92%. At this time, denial rate is 20%, but they said the rate would keep going down.
Couple of good news. They are improving the certification notice via e-mail just like the current sponsorship notice via email so that the employer can quickly get the status report and seek remedy, should the employers fail to receive the hard copy certified application or other issues. They will start this email notice services from July 2007.
In July 2007, DOL is scheduled to publish a regulation in federal register to amend the current PERM application form, ETA 9089. The rule will be published with the two months comment period. Once the comment is reviewed and reflected, DOL will publish another rule with 90-day comment period on the revised form itself. The new ETA 9089 will not go into effect until March 2008. The new form will incorporate positive changes, particularly the H Section of the form.
With reference to the Visa Bullen for July 2007 and any relief including unresponsive amendment of the labor certification, DOL is aware of the problem and will try to resolve such issues as soon as possible such that the applicants do not suffer from inability to file I-485 applications because of such delays.
As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.
more...
mammoy2k
01-14 05:11 PM
Check out venture fund organizations in your area (such as sdvg.org). Also prominent universities such as Duke/Stanford/UPenn have Startup Challenges (google duke/stanford/wharton startup challenge).
The first thing you need to do though is to figure out what you want to do and what you are good at. You need to define a field such as biotech, CAD, supply chain etc and network with the people in this segment (www.linkedin.com is one source). But you have to be very careful when you apprach these people. Dont sound impatient and understand that they are busy people. If you are from IIT/MIT dont flaunt it. No one cares.
Coming to the second point, you may start a company but you need to be willing to give command to someone else, if needed. You may be a super techie but running a business requires different skills (soft skills and business skills). So move out of the CEO chair, if needed. It is here where I see greatest difficulty with Tech people. They get into love of the tech they developed and think that customers would line up for the better mouse trap they built. Unfortunately that rarely happens.
Disclaimer: a former scientist who moved to business side.
For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?
Thanks
PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.
The first thing you need to do though is to figure out what you want to do and what you are good at. You need to define a field such as biotech, CAD, supply chain etc and network with the people in this segment (www.linkedin.com is one source). But you have to be very careful when you apprach these people. Dont sound impatient and understand that they are busy people. If you are from IIT/MIT dont flaunt it. No one cares.
Coming to the second point, you may start a company but you need to be willing to give command to someone else, if needed. You may be a super techie but running a business requires different skills (soft skills and business skills). So move out of the CEO chair, if needed. It is here where I see greatest difficulty with Tech people. They get into love of the tech they developed and think that customers would line up for the better mouse trap they built. Unfortunately that rarely happens.
Disclaimer: a former scientist who moved to business side.
For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?
Thanks
PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.
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smuggymba
02-12 11:39 PM
Just don't use immigration expert chandler sharma from Atlanta because this immigration expert doesn't handle immigration matters once you pay a 100 dollar fee at the reception.
If you call to ask for an immigration expert to schedule an appointment, Mr Chandler sharma from Atlanta is the first and foremost person. When you go into this office, he says he deals in civil and business law....hahahhaha.
My worst 100 dollars spent ever.
If you call to ask for an immigration expert to schedule an appointment, Mr Chandler sharma from Atlanta is the first and foremost person. When you go into this office, he says he deals in civil and business law....hahahhaha.
My worst 100 dollars spent ever.
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rbharol
11-08 10:50 AM
Hi,
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
This is really a very bad and sorry situation to be in.
I am feeling very bad after reading this.
This is unnecessary harrasment.
It is fault on your part too. They should not have overstayed and should have
filed for extension if they had to.
Best bet is to hire a good lawyer quickly.
Good luck.
Let me know if we can help. Send me PM if you need help of any kind.
I am in San Francisco area.
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
This is really a very bad and sorry situation to be in.
I am feeling very bad after reading this.
This is unnecessary harrasment.
It is fault on your part too. They should not have overstayed and should have
filed for extension if they had to.
Best bet is to hire a good lawyer quickly.
Good luck.
Let me know if we can help. Send me PM if you need help of any kind.
I am in San Francisco area.
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InTheMoment
02-20 04:05 PM
va_il,
You said you gave it on Thu and picked up on Fri. Wondering if they assured that it would be ready for a pickup on Fri at the DC embassy ?
If that is the case maybe I'll just land up there instead of mailing it.
You said you gave it on Thu and picked up on Fri. Wondering if they assured that it would be ready for a pickup on Fri at the DC embassy ?
If that is the case maybe I'll just land up there instead of mailing it.
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coopheal
04-23 09:12 PM
I understand the 10-day rule, but when does the clock start?
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.
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sk.aggarwal
05-04 11:19 AM
What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
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gmail
07-21 08:40 PM
Hi,
I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.
Now my lawyer told me that legally my I-140 deems invalid because I left before 180 days. I and my ex-employer has to prove that I had the good intent to work for them and my ex-employer had the good intent to hire me after GC is approved. I will have the burden of proof. Since my ex-employer is not willing to cooperate, my GC can be denied or revoked.
What's your opinion on this?
Thanks!
I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.
Now my lawyer told me that legally my I-140 deems invalid because I left before 180 days. I and my ex-employer has to prove that I had the good intent to work for them and my ex-employer had the good intent to hire me after GC is approved. I will have the burden of proof. Since my ex-employer is not willing to cooperate, my GC can be denied or revoked.
What's your opinion on this?
Thanks!
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mmanurker
09-04 10:56 AM
My H1 has expired on 31st August, 2009. My disgraced company applied for extention in the month of May 2009 in regular Processing. Still waiting for Approval and have Receipt Notice only from Vermount center.:confused::mad::(:(:eek::eek:
I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.
I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.
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Sreeshankar
07-30 07:48 PM
Is it possible to get your EAD, if I-140 is still pending. :confused:
Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)
Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)
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kondur_007
02-23 08:37 PM
I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.
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eastindia
05-14 02:25 PM
Best place to purchase home in DC/MD/VA area is near your place of work. Even if you have a palace but have to spend time every day in commute it is not worth it.
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kumkum
08-04 01:46 PM
Thank you very much Mr.sk.aggarwal.i will call them.
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vallabhu
09-10 10:04 AM
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application
bhavingreat
08-24 09:19 PM
i have been to mumbai consulate.
i suggest u go through VFS Service where they offer you a place to sit and take you to the consulate when its your time for the interview, otherwise you have to wait in queue for long. here is the website for VFS
https://www.vfs-usa.co.in/Home.aspx
this website also has information about the process.
hope this helps.
i suggest u go through VFS Service where they offer you a place to sit and take you to the consulate when its your time for the interview, otherwise you have to wait in queue for long. here is the website for VFS
https://www.vfs-usa.co.in/Home.aspx
this website also has information about the process.
hope this helps.
paragpujara
10-15 12:03 PM
DMVs in VA and MD check immigration status to issue/renew DL.
I renewed mine 3 months ago. Texas is a LIBERAL state after all.
Can anybody list the states that check immigration status to renew / issue a driver's license?
I renewed mine 3 months ago. Texas is a LIBERAL state after all.
Can anybody list the states that check immigration status to renew / issue a driver's license?
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