raviram1980
01-15 10:58 AM
Thanks a lot for your reply. Can I request the consulate here at New Delhi to give back my passport and I-797 which I submitted to them ?
Regards,
Ravi
Regards,
Ravi
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add78
10-02 09:48 AM
This is a little tricky.
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
arnet
11-17 01:16 PM
Thanks Yoshi and alien2006 for posting your experience. As everyone here said, after waiting for one hr over phone, the USCIS rep is not answering our questions properly -puts even more additional pressure on us.
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maine_gc
09-20 04:11 PM
I checked the processing times of TSC and i did not see the times for I140. TSC no longer processing 140 applications?
more...
hpandey
03-12 10:18 AM
Interesting. I never received the 1099-INT. Will talk to my bank.
You would receive the 1099-INT form only if your interest income is above 10 $ . If it is less than that you won't get it . That's why probably you did not receive it if you had negligible interest.
You would receive the 1099-INT form only if your interest income is above 10 $ . If it is less than that you won't get it . That's why probably you did not receive it if you had negligible interest.
smiledentist
06-21 10:19 PM
May be you need to amend I-140. Please consult a good attorney/lawyer.
Not a legal advice.
But the 140 is already approved,can it be ammended now.
Not a legal advice.
But the 140 is already approved,can it be ammended now.
more...
hpandey
04-30 01:36 PM
So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?
Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.
But always consult a lawyer before taking any step because I have heard conflicting opinions before.
Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.
But always consult a lawyer before taking any step because I have heard conflicting opinions before.
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leo2606
12-10 08:31 AM
How in the world the US immigration folks will allow any one with out an AP?
What is this question? You must be kidding.
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
What is this question? You must be kidding.
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
more...
dhirajs98
02-29 01:48 PM
Thanks guys for your replies. My employer has more than 100 consultants and I think it is a stable financially. I never had any problems in my salary. I was paid on time always.
So you mean after appeal they can approve my I140?
I do not know my PD. But my labor was filed sometime in Dec 2006.
Chantu,
I had this issue with my labor not with I140. My employer provided all the required documents and then it was approved. As long as your company is financialy sound . you should get approved.
BTW, when did you file your I-140?
EB2 or EB3?
So you mean after appeal they can approve my I140?
I do not know my PD. But my labor was filed sometime in Dec 2006.
Chantu,
I had this issue with my labor not with I140. My employer provided all the required documents and then it was approved. As long as your company is financialy sound . you should get approved.
BTW, when did you file your I-140?
EB2 or EB3?
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raj3078
08-21 10:32 AM
Mine was transferred to Denver where I live now .....It happened on Aug 11th...No movement on it since....PD in Aug 2005....EB2 following is the reason given....I am tired of waiting and I am having Infopass tomorrow.....Will update you guys....
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
more...
factoryman
06-14 05:57 PM
I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)
Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)
Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)
Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)
Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)
Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)
Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
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meragreencard
06-12 10:46 PM
Don't worry... it may very well be biometric for your son...
Thanks
We applied on July 2nd during July 2007 VB fiasco.
I just received the following email from CRIS regarding my son's AOS I-485 application:
-------------------------------------------------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent
On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
--------------------------------------------------------------------------------------------------------
I am not sure what it is, still waiting for the mail to arrive in next few days.
I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?
Please advise.
Thank you for your help.
Thanks
We applied on July 2nd during July 2007 VB fiasco.
I just received the following email from CRIS regarding my son's AOS I-485 application:
-------------------------------------------------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent
On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
--------------------------------------------------------------------------------------------------------
I am not sure what it is, still waiting for the mail to arrive in next few days.
I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?
Please advise.
Thank you for your help.
more...
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smuggymba
06-02 10:07 AM
Buying insurance and filing claim are two completely different things and experiences. The first step of insurance companies is to deny claim...this is built in their business model.
You have to fight. I'm not sure how fever can be pre-existing unless they have a harvard grad lawyer who can prove that the illness that your mom has causes fever all the time and that fever is a direct outcome of such an illness.
We desis don't like to spend time running around in courts because of our jobs and work, and these people know that. Fight.
You have to fight. I'm not sure how fever can be pre-existing unless they have a harvard grad lawyer who can prove that the illness that your mom has causes fever all the time and that fever is a direct outcome of such an illness.
We desis don't like to spend time running around in courts because of our jobs and work, and these people know that. Fight.
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sathweb
02-12 10:30 PM
Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
Why April2001 has to wait for 8(eight!) years
I feel your pain. Here is my advice. Talk to your local Senator. I have been in contact with my local senator since Nov 2008. Finally, i got my I485 approved on 10th Feb, yet to receive cards though.
My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.
You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
Why April2001 has to wait for 8(eight!) years
I feel your pain. Here is my advice. Talk to your local Senator. I have been in contact with my local senator since Nov 2008. Finally, i got my I485 approved on 10th Feb, yet to receive cards though.
My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.
more...
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permfiling
07-14 01:07 AM
Hi
Before i present my RFE I will explaing My GC:
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
immigration forms by phone at 1-800-870-3676 begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
Linuxra,
Did you get EAD in the meantime?
Thanks
Before i present my RFE I will explaing My GC:
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
immigration forms by phone at 1-800-870-3676 begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
Linuxra,
Did you get EAD in the meantime?
Thanks
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indianabacklog
01-03 12:43 PM
Hi All,
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
more...
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ash0210
12-17 09:40 PM
Can any senior Guy/Guru confirm this...
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act.
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act.
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dilvahabilyeha
08-09 01:53 PM
Hi All,
Now there are 3 possibilities for "alien receipt number" that is supposed
to be written behind my photos to be included with I-485:
-1- the filed i-140 receipt number
-2- a number that appears in i-140 approved letter
-3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")
Any more clarifications on which one of the above three is actually "alien receipt number"?
Thank you so much!
Mtsaha
:) I wonder if you have all of them different. if I am filing myself I'll use the latest one. but I have a lawyer, I'll ask her to decide, that's what I am paying her rt. What about you?
Now there are 3 possibilities for "alien receipt number" that is supposed
to be written behind my photos to be included with I-485:
-1- the filed i-140 receipt number
-2- a number that appears in i-140 approved letter
-3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")
Any more clarifications on which one of the above three is actually "alien receipt number"?
Thank you so much!
Mtsaha
:) I wonder if you have all of them different. if I am filing myself I'll use the latest one. but I have a lawyer, I'll ask her to decide, that's what I am paying her rt. What about you?
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abimanyu
08-19 09:20 AM
What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(
jotv
10-16 11:14 PM
:(hi gcpadmavyuh ,
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
thank you in advance
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
thank you in advance
sanjay
01-20 02:10 PM
Look is good. But, for me I liked the old one. May be it would take some time for me to get used to new look. Site seems to be slow though.
Best thing was the candidate history infront of his name.
Anyway, good job done Admins. Best of luck.
Best thing was the candidate history infront of his name.
Anyway, good job done Admins. Best of luck.
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