vxb2004
04-28 09:21 PM
I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
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psaxena
11-19 05:13 PM
Tech workers take H-1B case to Supreme Court - Network World (http://www.networkworld.com/news/2009/111809-tech-workers-take-h-1b-case.html?fsrc=netflash-rss)
mgakhar
02-14 06:17 PM
Not sure if I should be happy that there are lots of people in the same boat as me or be worried.
Anyways swen I take an appointment to go to the local INS office, is it ok if I go alone or does my wife need to come along as well?
Thanks,
MG.
Anyways swen I take an appointment to go to the local INS office, is it ok if I go alone or does my wife need to come along as well?
Thanks,
MG.
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ronhira
10-05 03:08 PM
not bad..... not bad at all....
when u want to make any change anywhere...... the most difficult bunch of people will be u r own.... they will be the most difficult to convince..... and no matter what you do.... u r own kind will be the first to fault u...... if you can deal with it...... if you can see beyond that..... u'll find u r work is much easier that u imagined......
when u want to make any change anywhere...... the most difficult bunch of people will be u r own.... they will be the most difficult to convince..... and no matter what you do.... u r own kind will be the first to fault u...... if you can deal with it...... if you can see beyond that..... u'll find u r work is much easier that u imagined......
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m1801b
09-11 12:33 AM
Thanks for all the suggestions. Today, I discussed my option (H-1b extension and PERM) with a local lawyer. He mentioned that:
1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.
I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.
I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.
Some folks have suggested me to get a consulting from someone from Sheela Murthy.
Thanks you so much.
1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.
I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.
I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.
Some folks have suggested me to get a consulting from someone from Sheela Murthy.
Thanks you so much.
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zoooom
05-05 04:10 PM
i second that...
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Dhundhun
05-22 01:07 AM
hi thanks your input.
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
I saw your profile. You are from Nepal.
As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).
Your priority date is current.
I hope that they must have sent for Name Check long ago - this should not be blocking.
What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.
For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
I saw your profile. You are from Nepal.
As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).
Your priority date is current.
I hope that they must have sent for Name Check long ago - this should not be blocking.
What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.
For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
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sircaustic
07-24 09:15 AM
???
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mariano
07-29 03:54 AM
Hi!
My employer has changed the conditions of my employment since we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?
Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?
Please advise. Thank you!
Hi!
My employer has changed the conditions of my employment after we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?
Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?
Please advise. Thank you!
My employer has changed the conditions of my employment since we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?
Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?
Please advise. Thank you!
Hi!
My employer has changed the conditions of my employment after we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?
Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?
Please advise. Thank you!
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msgoud
03-09 11:39 AM
thanks for suggestion,i suggested the same ,but it looks like his company lawyers are working
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iv_newbie_2007
09-16 09:38 AM
OLDMONK,
My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?
Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.
My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?
GULUT,
FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?
Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.
My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?
GULUT,
FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
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Hey Ram GC
05-05 04:22 PM
RD is Jun 1st 07, ND is Jun 7th 07 - TSC
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santb1975
05-17 11:03 PM
34294$ more to raise. Let us do it
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socal117
10-30 10:00 AM
same here....July 2nd...nothing.....:mad::mad::mad:
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SFSweta
08-27 01:40 PM
You may! Because your priority date is based on your PERM/Labor...and that still holds valid.
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ksrk
08-14 08:16 PM
I was also in limbo whether to apply AP now or no. My current AP is valid till Mid Jan 2009 And I am travelling india in Oct and will be back on 1st week on Nov. I decided not to apply AP now and will be applying renewal in mid Nov. Applied only EAD renewal.
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
Hey Som_yad,
The law requires that you be in the US only when the AP applicaiton is filed. You can leave the next day, if you like. Also, when you return, make sure you have a document to enter the US (say AP or H1B stamp+I-797) and a document you can show the CBPO that authorizes you to work (say EAD or I-797).
If you use your AP to enter the US, the expiration date on the I-94 will be a year from the day you enter, even if the AP itself expires sooner. All you need to make sure is that you use the AP to enter the US before it expires.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinion and preferences.
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
Hey Som_yad,
The law requires that you be in the US only when the AP applicaiton is filed. You can leave the next day, if you like. Also, when you return, make sure you have a document to enter the US (say AP or H1B stamp+I-797) and a document you can show the CBPO that authorizes you to work (say EAD or I-797).
If you use your AP to enter the US, the expiration date on the I-94 will be a year from the day you enter, even if the AP itself expires sooner. All you need to make sure is that you use the AP to enter the US before it expires.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinion and preferences.
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willgetgc2005
12-14 03:57 PM
Thanks all.
1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.
2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?
3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?
__________________________________________________ _
1. When you file it online, the category for your wife would be h4.
2. Send it separately please.
3. Send the following after applying online:
a. A print out of the confirmation page that you will get after applying online.
b. 2 Pics each. Put your a# on the back of the pics.
c. A copy of any approval notice showing your current status in USA.
d. A copy of I 485 reciept notice.
e. A copy of old AP (if any).
g. A small letter mentioning why you need the AP.
Thats it and you are all set.
1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.
2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?
3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?
__________________________________________________ _
1. When you file it online, the category for your wife would be h4.
2. Send it separately please.
3. Send the following after applying online:
a. A print out of the confirmation page that you will get after applying online.
b. 2 Pics each. Put your a# on the back of the pics.
c. A copy of any approval notice showing your current status in USA.
d. A copy of I 485 reciept notice.
e. A copy of old AP (if any).
g. A small letter mentioning why you need the AP.
Thats it and you are all set.
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raajpagare
04-09 05:00 PM
This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.
I am not sure what purpose do we serve by being rude to somebody on the forum. People might not be as savvy about immigration as some of the regulars here and it never hurts to ask.
From my owen experience, I went to Puerto Rico and everybody told me you dont need a passport to go there. While boarding the plane back from PR, a couple of CBP guys acame and started asking everybodies citzenship and then asked me to show them the visa. So it never hurts to be safe, even when u are travelling to a remote state or territory.
I am not sure what purpose do we serve by being rude to somebody on the forum. People might not be as savvy about immigration as some of the regulars here and it never hurts to ask.
From my owen experience, I went to Puerto Rico and everybody told me you dont need a passport to go there. While boarding the plane back from PR, a couple of CBP guys acame and started asking everybodies citzenship and then asked me to show them the visa. So it never hurts to be safe, even when u are travelling to a remote state or territory.
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mena
11-26 11:36 AM
Hi,
I received an RFE on my AP and it's says Proof of that I have complied with NSEERS. Now how do I proof this as looks like nobody have got such an RFE.
Thanks
I received an RFE on my AP and it's says Proof of that I have complied with NSEERS. Now how do I proof this as looks like nobody have got such an RFE.
Thanks
WaitingYaar
01-18 09:04 PM
Please post the following:
Receipt notice date:
How long it took to receive approval:
Category:
Receipt notice date:
How long it took to receive approval:
Category:
DSJ
05-30 12:34 PM
Fee and Bee, there is some relation
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