Wednesday, June 15, 2011

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  • agv
    03-19 11:45 AM
    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.

    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.





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  • narendra_modi
    07-07 01:48 PM
    If you have not yet received any RFE, you are a lucky person and your I-485 application has been filed perfectly. As per USCIS announcements, they have almost completed (99.99%) review of all pending AOS cases and pre-adjudicated most of them. I will presume that your case has been pre-adjudicated and all set to go Green whenever visa number is available.

    One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.


    Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?





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  • RNGC
    07-01 04:36 PM
    The EM immigration is just a mess....Basically a bunch of congressmen discussed about it and created some rules!

    Labor certification is the most ridiculous thing! I-140, I-485 blah blah...., just like the sub-prime mortgage mess these are paper work mess created by US lawmakers. Their intention was good, but the in reality nothing makes sense. I wish the Immigration committe invites H1 people and discuss with them the real issues just like how they speak with businesses.

    I think, we should follow the EU way. Do all the stupid paperwork before you bring anyone to US. Once someone is here he/she should have a green card (atleast a temp green card). After 3 years, the temp card should be converted to a permanent green card. What is going on here is just "Modern day slavery"! H1 B people are exploited by Employers/Lawyers.

    We dress nice, have cars, sometime homes, but we also have a virtual (invisible) handcuffs which noone sees!

    I am just sick and tired!





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  • Gator
    02-23 09:02 PM
    Hi-

    I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

    Thanks



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  • shortchanged
    08-09 02:04 PM
    For the benefit of people (like me ) who filed 2 sets of I-485s on same underlying I-140, during the July 07 fiasco, I am posting this info.

    My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.

    My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.

    I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
    Any way I am not withdrawing these apllications myself,to avoid any confusion.

    Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
    I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.

    My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.

    Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
    I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals





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  • tabaching
    10-22 12:43 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks



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  • augustus
    06-19 01:56 PM
    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.





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  • ajju
    04-09 05:18 PM
    Please appply EAD renewal in 120 days advance. You will get in time. :)

    My lawyer said I can work up to 3 months with receipt provided it was applied at least 90 days before expiry...

    I think its good to call USCIS directly and confirm.. Most of us will be in same boat sooner or later...

    This applies for renewal cases only.. not for first time EAD (actual card needed)



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  • uma001
    05-04 04:40 PM
    I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.

    Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.

    Not sure what the employment laws are. Could you please advice?

    According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.





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  • garybanz
    09-27 06:49 AM
    Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?

    Thanks.



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  • anil_temp
    06-26 03:55 PM
    for me company is paying for everything except medical..





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  • sabbygirl99
    07-07 08:22 PM
    Anyone??



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  • hebbar77
    09-09 03:27 PM
    I am july second 485 filer, filed with later PD(2007). Then an earlier (2004, my own) PD was substituted by lawyer last year which is now current on that 485 application.

    I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.

    Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).

    two contrary pieces of information from a govt agency!!

    Anyone with similar experience

    I am sick of this USCIS !





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  • conchshell
    07-28 01:44 PM
    So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)

    k3gc ... there is nothing wrong with opening this new thread. The idea was discussed last time, but there was no tracking. So its the tracking thingy which is new in your proposal. I personally think that discussing this idea is much better than discussing about lord Ganesha's picture on a beer bottle.



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  • gg_ny
    06-30 04:39 PM
    Thanks, Sanju. I was wondering where to ask for assurance; looks like you have found a place. I too need some help: last time my fingerprint check took almost 8 months (!) and I gave one set of them again today. Can somebody assure me that they will comeback before the dates become U again. I am soon writing to Murthy, Oh, Schusterman and Ombudsman too. Thanks for the empathy - whoever responds..


    The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?





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  • gangadhargs
    05-12 05:07 AM
    I also have two I-485s pending. I contacted the attorneys about this and they said not to do anything with them. Let USCIS deny one of those when time comes. Sending any sort of communication to USCIS might cause more confusion than necessary. I hope that helps.



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  • Administrator2
    12-09 11:38 AM
    Is there any hope for us...

    There is always Hope. For those who want guarantees even before making an attempt, just remember that seeking such assurances will certainly cause failure for everyone.

    Is recapture there? Will Eb-3 or my eb2 date move? Then when will I get my green card approval? Those are all valid questions.

    But perhaps we need to rise up above simple answers from a very complicated situation and just do our share, give it our best for the solutions we are looking for. Do not intended to get preachy here, but I hope you get the point.

    Thanks for everyone's hard work for actively participating in Action Items and calling your Senators.





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  • veni001
    02-03 10:24 AM
    Just curious. Who's the author/source of that article that you provided the link for? :)

    I don't know! but if you think sth is not right in that article we can discuss.





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  • isserializable
    04-28 09:09 AM
    can somebody please shed some light on this one?





    speddi
    12-09 10:19 AM
    I was able to get copies of all the documents (labor,140 and 485) from the attorney. Is it mandatory to file AC21? When I asked my attorney the fee to file AC21, he said it is $750 to $1500. What is the normal fee for AC21?

    Also, the job description says 'VB .Net' but the new job is in C#. Does it make any difference?

    Thank you





    alias
    02-07 11:07 AM
    This is a very genuine concern. I being the only son have worries on the same lines too. Although my parents are healthy and doing fine at this time but I get really get tensed to fathom what is there down the line in another 5 years or so. Bringing them here is not an option, medical insurance will not cover pre-existing condition neither is there any visa other than B2. Two options come to my mind:

    1) I take up job which requires lot of travel, back-and-forth to India.
    2) I move for good to India.
    3) Look for a full-time nurse to be available to take care of them and I travel to India once in every 3 months, may be just for a week or so each time.

    All three options put a dent in your life. But I guess the golden period of life is over, remaining period of life will go raising your kids, looking after your parents. Sometimes I like the American culture a lot; you get to enjoy all life long!



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