Friday, June 10, 2011

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  • kroy1976
    04-13 08:54 AM
    Hi,

    First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.

    I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.

    I have a AP, valid through January 2011 and a EAD valid through August 2010.
    Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.

    I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?

    Any information will be highly appreciated.
    Folowinga are the documents, that I would be carrying:

    a) I 140 approval notice.
    b) I 485 receipt notice.
    c) valid EAD
    d) valid AP
    e) AC21 protability letter from my immegration layer.
    f) I 140 support letter from my new employer.
    g) Offer letter from my new employer.
    h) termination letter from my earlier employer.
    i) Address proof
    j)W2

    Can anyone let me know their expirence if faced similar situation please.





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  • Gigantic697
    10-13 04:08 PM
    I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?





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  • desi_scorpion
    08-22 10:21 AM
    for h1b status...they only tell the status to the petitioner which is your employer/lawyer .....You are the beneficiary....they will not tell u the status on phone or e-mail...but no harm in trying. . if u have a receipt number then u can check online and setup an automatic notification. Hopefully u will be ok...





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  • waitnwatch
    05-25 07:57 PM
    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    What does the above statement mean??
    So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?

    advanced degree in STEM + 3 years post degree experience in related field immediately preceding I485 filing. The related field part may have been taken out by SA4188 so just 3 years of work experience may be all you would need.

    Hope this clause stays as otherwise the USCIS would have a field day with the "related field" clause.



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  • cdeneo
    01-11 04:39 AM
    Thanks so much for your feedback on this query - this is really helpful.

    I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.

    Thanks again for your help with this query, I look forward to hearing from you.

    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.





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  • flyingninja
    11-02 11:12 AM
    In my instance I have been working with my current employer for past 5 years and this is 2nd H1B renewal with the same employer. It is sad that they have such a policy which discourages jobs in consulting sector.



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  • karn.anand
    11-02 07:32 AM
    i Cant see my post here. Here is the link..http://www.kirupa.com/forum/showthread.php?t=337838





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  • BECsufferer
    08-27 12:50 PM
    Had the visit. Went very pleasant but fruitless. Officer told me all checks except "background" check had been done. Beyond this, she refrained from making any usefull remark.:rolleyes:

    BTW: It's a nice big and open facility!



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  • solaris27
    10-28 11:32 AM
    Untill you have somthing written it will be very diffecult to prove in court.

    Don't waster your money in court cases its very expensives .

    Talk to any good attorny and find one which can work on % bases if you still want to go to court .



    thanks





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  • sidbee
    02-22 12:37 PM
    I am not a lawyer , and this is not a legal advise.

    According to my study , and talk with some lawyers .. Yes it could be same.

    But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.

    Eg .

    You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.

    Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.

    Talk to Ur attorney about the points i mentioned.



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  • 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





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  • Fran
    08-14 11:57 AM
    Similar threads have been started before as lot of LUD's have been seen on 07/22 07/28 08/05 and 08/12. I think concensus was that this has nothing to do with 485 data entry as check cashing did not match the LUD dates. But interesting pooint raised in this thread that it might be about which july apps to batch transfer from LIN to SRC. 07/22 might be around the time when LIN started to look at first few july filers apps.



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  • jsb
    04-16 03:59 PM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

    Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.

    Best..





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  • raysaikat
    08-22 02:48 AM
    Thanks for your suggestions - minimalist,prem_goel,gconmymind.


    If she attends for the visa stamping in India,
    1) When can she go to consulate - before October 1 or after October 1.

    Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.

    2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).

    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)


    Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.


    4) Can they ask for more details like client letter,etc - chennai

    Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.

    If she plans to come back on H4
    1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.

    Thanks in advance.

    Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.



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  • kirupa
    10-06 05:33 PM
    No no no - please don't vote for yourself :) That's considered in bad-taste and your entry could get disqualified.





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  • Gigantic697
    10-12 09:33 PM
    She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.



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  • Vsach
    07-11 03:11 PM
    That's a great idea! Let's go....

    VS





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  • sparky_jones
    06-08 10:48 AM
    Can anyone please comment on Massachusetts licensing requirements? and the validity period for someone who is working on EAD? Thanks!
    Fortunately, MA is still unaffected by the xenophobic policies regarding Driver's Licenses that are prevalent in other states. You can renew your license online, and the length or the nature of the validity of your immigration status has no influence on the type or duration of the driver's license. How long this will stay like this in MA is anybody's guess. I am sure they will also become restrictive when pressure is brought on by REAL ID regulations.





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  • ashneels2001
    10-16 08:18 PM
    Rajiv,

    Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.

    Good Luck

    Ashish!





    morchu
    06-01 04:54 PM
    1. Indian passport holders are exempt from the 6-month rule. Link.... I will search when I get time and post.
    2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html

    http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
    Greg mentioned that....
    "There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."


    Hi Morchu,

    I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.

    Ok, so how can one prove his intention at the POE for GC?

    ....would appreciate your reply.





    gchetna
    09-08 05:44 PM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.



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