crystal
11-05 10:30 AM
Similar thing happened to my AP notice. I got all the notices properly including EAD. But my AP approval notice was sent back by USPS as undeliverable. USCIS sent the AP back to my lawyer along with USPS undeliverbale notice without any upate on the online status. Lawyer sent whole package back to me. I could see that address is correct. I have placed recepient names in the mail box long back so thats not the issue. USPS undeliverable notice was pasted on top of the returned mail. That was strange.
As I enquired further one of my friend wife FP notice also sent back like that , luckily his lawyer also got another one.
I am going to meet USPS personnel soon to find out what exactly the issue .
On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.
I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?
As I enquired further one of my friend wife FP notice also sent back like that , luckily his lawyer also got another one.
I am going to meet USPS personnel soon to find out what exactly the issue .
On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.
I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?
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akilaakka
03-02 09:51 AM
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
chehuan
01-18 10:12 AM
My h1 started in 2009 October which means I have 4 years and 9 months more of h1 left with me
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
2011 media player #39;Tomahawk#39;
chanduv23
12-18 09:46 PM
The chat is on now
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Cheran
04-08 02:16 PM
There is a correlation between election year and immigration. But if that works out, lets say they make the priority date current, it does not matter whether you filled in 2005 or 2007. Now, we are assuming that they will make the date current. You never know, they might bring some weird rule, which take the priority date as a criteria. So what I am saying is, its your call. If I were in your position, I would wait atleast until we get some answers about the new initiatives....
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
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Roger Binny
09-14 10:38 PM
Any attorney involvement is there during the porting request ?
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injrav
07-27 03:02 PM
Hi
What is Unit? can I consider it as CREDIT?
if it is credit, then I believe it will take approximately 11k to complete MS in computer science
Thanks
What is Unit? can I consider it as CREDIT?
if it is credit, then I believe it will take approximately 11k to complete MS in computer science
Thanks
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wandmaker
10-12 04:25 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.
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needhelp!
02-09 10:34 PM
my 5 year old had started one last week.. and we will be sending it out too!
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senthil1
07-02 09:46 AM
I heard Changes must be made in I140 to do Consular processing from I485
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ksrk
06-02 07:01 PM
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
Thanks,
Murali
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
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yabadaba
06-30 04:09 PM
the other thing about ombudsman replying to emails..i wouldd have written to him.. but neither do i have a "technical issue" problem...nor do i have an established line of communication open with thee ombudsman's office...so i m just trying to get some info from gautam who seemed to have that.
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alterego
09-15 02:12 PM
On the other hand, I think something else might happen unless things change quickly.
Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.
I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.
I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.
That is the exact intent of their policy. They percieve that too many Indian IT folks are coming to america. If what you say happens then their intended consequence would be attained.
Just look at the whole EB thing. Why do they call it EMPLOYMENT BASED immigration then impose COUNTRY SPECIFIC quotas on it. They look at all immigration as a sort of social development. They have EB1 for the truly meritable. The rest of EB immigration/H1b system to them is a safety valve to help keep the labour markets more flexible according to the needs of the day. The 40K is mentioned in the stats. of visas issued for last year. It is on a few of the lawyer websites as well.
When they want to act on something you can see it in the speed of action.
Right now someone in EB2 category in ROW can have a green card in 1yr or less. From India, noone can say how long and probably without changes it would be about 7-10 yrs atleast.
You may be more optimistic that Indians will leave. I am under no such illusion. Having looked at the personas a lot, I tend to feel more will cling on for many many years, just waiting and hoping. Indians will do this for a few reasons. The US advantage in terms of quality of life, money, job opportunities etc is much more. Indians generally tend to put up with more C%^% if it means they can get ahead, and Indians tend to live more for tomorrow than other people ie for children, for financial security etc. These are generally good traits, in this situation they will lead to those clinging on. In a sense AC21 has in a way put us in this situation, by allowing 7th yr H1b extensions. Were that not there, your argument would have been more plausible.
Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.
I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.
I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.
That is the exact intent of their policy. They percieve that too many Indian IT folks are coming to america. If what you say happens then their intended consequence would be attained.
Just look at the whole EB thing. Why do they call it EMPLOYMENT BASED immigration then impose COUNTRY SPECIFIC quotas on it. They look at all immigration as a sort of social development. They have EB1 for the truly meritable. The rest of EB immigration/H1b system to them is a safety valve to help keep the labour markets more flexible according to the needs of the day. The 40K is mentioned in the stats. of visas issued for last year. It is on a few of the lawyer websites as well.
When they want to act on something you can see it in the speed of action.
Right now someone in EB2 category in ROW can have a green card in 1yr or less. From India, noone can say how long and probably without changes it would be about 7-10 yrs atleast.
You may be more optimistic that Indians will leave. I am under no such illusion. Having looked at the personas a lot, I tend to feel more will cling on for many many years, just waiting and hoping. Indians will do this for a few reasons. The US advantage in terms of quality of life, money, job opportunities etc is much more. Indians generally tend to put up with more C%^% if it means they can get ahead, and Indians tend to live more for tomorrow than other people ie for children, for financial security etc. These are generally good traits, in this situation they will lead to those clinging on. In a sense AC21 has in a way put us in this situation, by allowing 7th yr H1b extensions. Were that not there, your argument would have been more plausible.
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sweet_jungle
10-12 12:42 PM
http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0
This can easily be defeated if challenged in a court of law.
All these are effect of lobbying from Merck.
This can easily be defeated if challenged in a court of law.
All these are effect of lobbying from Merck.
more...
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webm
05-05 04:34 PM
RD is Jun 1st 07, ND is Jun 7th 07 - TSC
I am in the same boat as yours...Waiting continues..
NOTE:Pls change the title...click on Edit/Go Advanced button and change it.
------------------
EB3-I Oct,2001
485 RD-June,2007
I am in the same boat as yours...Waiting continues..
NOTE:Pls change the title...click on Edit/Go Advanced button and change it.
------------------
EB3-I Oct,2001
485 RD-June,2007
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number30
06-19 01:30 PM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
You can start working immediately after filing H1, only if you are doing H1 transfer. Here you are doing Change of Status from H4 to H1. So you are NOT allowed to work immediately after filing. GO out of US as soon as possible. Filing 290B may not help you much. You have to come back with new stamping.
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
You can start working immediately after filing H1, only if you are doing H1 transfer. Here you are doing Change of Status from H4 to H1. So you are NOT allowed to work immediately after filing. GO out of US as soon as possible. Filing 290B may not help you much. You have to come back with new stamping.
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canmt
12-06 07:59 AM
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
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GCNirvana007
06-07 04:35 PM
Since i applied my I-485, havent seen a LUD but i did first time June 3rd 2009. One of my friend with same PD got LUD in April. I am from TSC. Any thoughts?.
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Sunx_2004
07-09 11:01 PM
For private courier (non usps deliveries) there is different address please see in the Instruction on completing I-765 form on USCIS website.
I send my application via fedex today to following address..
For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.
Very rarely USCIS gives street address for sending application.
I send my application via fedex today to following address..
For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.
Very rarely USCIS gives street address for sending application.
Becks
03-16 10:16 AM
This is very good post. I have been waiting for this news where we enter when not working for GC sponsoring employer.
Thanks for sharing.
Thanks for sharing.
dba9ioracle
03-17 02:51 PM
With out a GC, you may not get the best rate. But you sure can get a mortgage loan while in H1/EAD.
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
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