ItIsNotFunny
03-04 05:52 PM
Sorry!!! Handle?? Short Name??? I did not get it
Your handle is sliggggghhhhhhtly longer than usual. Was just making 2 seconds fun. Please don't mind :)
Your handle is sliggggghhhhhhtly longer than usual. Was just making 2 seconds fun. Please don't mind :)
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sayonara
07-18 04:03 PM
Does this mean Interim EAD option is not available any more? Was there a press release for this?
Thanks
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
:confused:
Thanks
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
:confused:
msp1976
12-22 12:59 PM
It is required of all irrespective of citizenship status to respond to a Jury summons. Not responding is considered contempt of court. The court can issue an arrest warrant for you..Always respond to the Jury summons....
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theconfused
04-02 10:21 PM
Hey Dontcareanymore,
You are right.
For other folks, here is the summary -
1) Got H1B visa stamp valid from August 2007 till August 2010.
2) Started working from October 2007 and Was laid off in November 2007.
3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.
4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .
6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.
7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.
8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.
9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.
10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.
11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.
12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.
13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.
14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.
15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.
16) On 16th March 2010, got an email from embassy that they need my passport.
17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.
18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.
19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.
20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.
21) Passport was sent back to me on 1st April 2010 with the visa stamped.
22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.
23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.
Please feel free to ask any question.
Thanks a lot to all of you reading this...
You are right.
For other folks, here is the summary -
1) Got H1B visa stamp valid from August 2007 till August 2010.
2) Started working from October 2007 and Was laid off in November 2007.
3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.
4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .
6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.
7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.
8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.
9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.
10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.
11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.
12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.
13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.
14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.
15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.
16) On 16th March 2010, got an email from embassy that they need my passport.
17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.
18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.
19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.
20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.
21) Passport was sent back to me on 1st April 2010 with the visa stamped.
22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.
23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.
Please feel free to ask any question.
Thanks a lot to all of you reading this...
more...
pmpforgc
12-28 11:06 PM
Hi
In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.
In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.
sameet
06-26 04:48 PM
My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...
I had the same issue when I travelled last year. My lawyer said we do not have to renew since AOS pending essentially allows you to stay till adjudication of the case is complete. He did however ask me to renew the EAD and AP.
Just to clarify I have not used my EAD. Still on H1B.
I had the same issue when I travelled last year. My lawyer said we do not have to renew since AOS pending essentially allows you to stay till adjudication of the case is complete. He did however ask me to renew the EAD and AP.
Just to clarify I have not used my EAD. Still on H1B.
more...
malibuguy007
10-02 01:05 PM
$250 so far in less than 24 hours. Hoping to do better in the next 24........
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DSLStart
04-11 05:46 PM
First, get a new attorney and have him file G-28 for your 485, that way you'll control your 485, and also start the job hunt.
I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.
I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.
more...
gc28262
07-30 07:07 AM
Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
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s416504
12-02 12:54 PM
Is this your wife's first 485 application? Any past I485 Applications? It may possible that your wife has old A# number from 2003.
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
more...
msyedy
01-23 02:46 PM
Positive things moving our way. Nice one
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augustus
07-02 03:59 PM
I called Fox news too. They said they will investigate and see how they can fit the news. PLEASE CALL NEWS CHANNELS> PLEASEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE. THEY NEED TO KNOW WHAT THEY DID TO US
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HOPE_GC_SOON
06-05 06:27 PM
Hi
What is is your 140 Filing Date and which center ?? When did you see Status change online. Did you see any change, while the appln. is being taken for processing.
Actually, my question, is my 140 went to TSC on Aug 29, 2007 (From NSC), As per latest procesing statistics, I see, upto Aug 26,2007, cases were cleared by May 15th. My case, must have been taken for processing by now. But I donot see any Status Change.
Donot know, how correct are these Processing Statitstics. Did 140 processing Date go back in TCS. How do I know, approx. date of my 140 clearance. I am really in need of the same, as I am running a tough situation.:mad::o
Appreciate any inputs to this situation of mine. :)
thanks.
My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
What is is your 140 Filing Date and which center ?? When did you see Status change online. Did you see any change, while the appln. is being taken for processing.
Actually, my question, is my 140 went to TSC on Aug 29, 2007 (From NSC), As per latest procesing statistics, I see, upto Aug 26,2007, cases were cleared by May 15th. My case, must have been taken for processing by now. But I donot see any Status Change.
Donot know, how correct are these Processing Statitstics. Did 140 processing Date go back in TCS. How do I know, approx. date of my 140 clearance. I am really in need of the same, as I am running a tough situation.:mad::o
Appreciate any inputs to this situation of mine. :)
thanks.
My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
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cpolisetti
04-26 12:12 PM
Glad to be of help. But I think the huge credit goes to one and all of the core team who picked up the smallest hint and followed up to such an extent. Now that we are on WP, we should also try for articles in Wallstreet Journal and NY Times among many others. Please do let us know if I can be of any help.
All,
I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.
As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.
Thank you to them and every member who does his or her part in big and small ways.
best,
Berkeleybee
All,
I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.
As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.
Thank you to them and every member who does his or her part in big and small ways.
best,
Berkeleybee
more...
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pappu
12-10 10:45 PM
Check the archives. I recall a long thread on this topic.
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leoindiano
07-19 08:17 AM
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
more...
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scorpioca
05-19 09:38 PM
Yeah, I have proof of Nepal. My mom still has properties and farm land in nepal.
I read at few forums that Indian consultate does not entertain changing place or date of birth? are there any exceptions to that? Or have they changed policies?
Has anyone been able to change the place of birth?
Thanks
I read at few forums that Indian consultate does not entertain changing place or date of birth? are there any exceptions to that? Or have they changed policies?
Has anyone been able to change the place of birth?
Thanks
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JazzByTheBay
09-14 10:06 AM
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
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ita
11-08 03:16 PM
Address Change Online: 24x7 & Calling USCIS : Mon - Fri
Is it enough if I change the address online and confirm it with USICS.
Will they resend my EAD card or should I do anything else to request them to resend my card to the new address?
Thank you.
Is it enough if I change the address online and confirm it with USICS.
Will they resend my EAD card or should I do anything else to request them to resend my card to the new address?
Thank you.
extofu
03-07 11:07 AM
you can re-enter with previous visa stamp with company A's annotation as long as it is still valid..however, you need to have the latest I-797 approval notice from your current employer and show it to the immigration officer at the poe...
Could you please elaborate? I have a stamp from company A but I have quit it in 2005.
Could you please elaborate? I have a stamp from company A but I have quit it in 2005.
raydon
09-30 01:55 AM
The processing times for I-140 applications in the TSC show no change since the last update. Are there any changes in the NSC processing times ?
I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.
I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.