statuslaw
01-31 01:28 PM
This is my first H1-b. My interview was on Jan. 4, 2008 in Toronto and got 221g for administrative review. I faxed my research description the VO requested to US consulate in Toronto on Jan. 7, 2008, got the check finished email today. I keep calling DOS for my status during the waiting time. It may work for my case. It is really a pain time. Good luck to you.
Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.
If you like you can send me a private message. Thank you very much in advance for your feedback.
Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.
If you like you can send me a private message. Thank you very much in advance for your feedback.
Bimmer740i
07-21 09:54 PM
Yes you can.
My previous H-1B expired on 06/17 and I applied my AOS on July 2nd. After I sent the AOS, I got my H-1B approved for 3 years. My lawyer told me that they will have to send it in the future if there is an RFE.
My previous H-1B expired on 06/17 and I applied my AOS on July 2nd. After I sent the AOS, I got my H-1B approved for 3 years. My lawyer told me that they will have to send it in the future if there is an RFE.
skark
03-18 11:55 AM
I just noticed in I-765 that if you are applying for EAD renewal then they need you to send your current Employment authorization document! Did anyone that applied for EAD renewal send their EAD card with their application. I'm concerned because if one is working on EAD and needs to send this document 120 days prior for the renewal process and does not get the new EAD for couple months, what proof does one have on work authorization?
I dont want to apply online as I dont want to go for biometrics (FP) again for EAD!
I dont want to apply online as I dont want to go for biometrics (FP) again for EAD!
saps
01-26 12:42 PM
Very helpful.
more...
krishnam70
06-11 05:13 PM
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
1. Send an email to the employer
2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
3. If you have not received your dues, complain to your DOL immediately
I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.
- cheers
kris
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
1. Send an email to the employer
2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
3. If you have not received your dues, complain to your DOL immediately
I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.
- cheers
kris
gcdreamer05
10-31 11:31 AM
Hi All,
I need urgent help and suggestions for my situations..
I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.
In July'2007 applied I-485 which is pending for myself and my wife as well.
EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.
With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.
1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).
OR
2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.
Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.
If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.
It's very emergency..
Thanks,
Raj.
Did you find out from your employer why they refuse to extend h1b , if you have pending 485, then you can still get a 3 year extension.
Talk to them and find out why they are against extending h1b, may be it is their ignorance, or are they worried about paying the extension money i believe which is like 300$, in your best interest it is good to extend h1b than to use EAD...
I need urgent help and suggestions for my situations..
I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.
In July'2007 applied I-485 which is pending for myself and my wife as well.
EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.
With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.
1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).
OR
2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.
Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.
If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.
It's very emergency..
Thanks,
Raj.
Did you find out from your employer why they refuse to extend h1b , if you have pending 485, then you can still get a 3 year extension.
Talk to them and find out why they are against extending h1b, may be it is their ignorance, or are they worried about paying the extension money i believe which is like 300$, in your best interest it is good to extend h1b than to use EAD...
more...
anurakt
01-14 07:55 PM
You need visa to enter or exit. When you exit you need to turn in I94 on the pp with the stamp of your entrance as well as your new extension. On entrance they will check the old visa and write down the visa number on the new I94 that they officer will provide. The I94 usually has the visa duration as the end date. Next you apply for an amended h4 to reflect the new I94 number which was provided at the POE. Asfar as I know the I94 date is always linked to a visa and not the Notice of Action.
what's the process for amending H4 and how much time does it take ?
what's the process for amending H4 and how much time does it take ?
hijackers
04-27 10:24 AM
Since you got your H1B approved, it is risky to take another chance with lottery. With the approved H1B you can transfer it. In the meantime from this time till October you can get your OPT extended but you have do it within 30 days of receiving your H1 notice. Dont worry, you are not out of status. Look out for a job now.
more...
rameshk75
02-12 03:14 PM
Am working for a GC sponsoring company and applied for 485 in August 2007 and received EAD, AP etc...
Can i change the company with a H1B transfer and invoking AC21? Am not willing to move to EAD.. My current H1B is valid until Sep'09.
Pls suggest the possiblities..
Can i change the company with a H1B transfer and invoking AC21? Am not willing to move to EAD.. My current H1B is valid until Sep'09.
Pls suggest the possiblities..
windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
more...
RajForGC
06-07 03:59 PM
Are they gonna talk or vote again on Immigrtaion today?
number30
02-19 08:55 PM
Hello
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
more...
bijualex29
03-24 12:31 PM
If Total 290000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 43500 43500 101500
India NMT10% 29000 29000 29000
This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?
If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.
Total 770000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 115500 115500 269500
India NMT10% 77000 77000 77000
I may be totally wrong here. Please clarify me if I am wrong
Am I missing something here? Please clarify
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 43500 43500 101500
India NMT10% 29000 29000 29000
This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?
If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.
Total 770000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 115500 115500 269500
India NMT10% 77000 77000 77000
I may be totally wrong here. Please clarify me if I am wrong
Am I missing something here? Please clarify
thomachan72
06-13 08:16 AM
Great point.. core team should develop a strategy and share it with entire group as to how they are working towards getting these ammendments in and whom are they approaching ....
Wonderful point peer123!! Core members have their contact numbers listed on this site somewhere. It would be ten times better if you would personally call them or meet them personally and get answers for your questions :) Does that sound reasonable?? Many of our american disilusioned brothers/sisters are visiting our site periodically/regularly to see what we are upto. They think their salaries will rise once H1b visas are eliminated. "How Sad". Anyway, as I said call or meet with the core group personally and get your answers, OK. Rest of us dont want them posting any such information on this site.
Wonderful point peer123!! Core members have their contact numbers listed on this site somewhere. It would be ten times better if you would personally call them or meet them personally and get answers for your questions :) Does that sound reasonable?? Many of our american disilusioned brothers/sisters are visiting our site periodically/regularly to see what we are upto. They think their salaries will rise once H1b visas are eliminated. "How Sad". Anyway, as I said call or meet with the core group personally and get your answers, OK. Rest of us dont want them posting any such information on this site.
more...
gc_chahiye
10-26 04:08 PM
Can I fill AP directly instead of going thru the lawyer?
Thanks
yes! Include the copy of your 485 receipt inthe appplication.
EAD and AP are simple enough that you can apply/renew on your own without paying a lawyer.
Thanks
yes! Include the copy of your 485 receipt inthe appplication.
EAD and AP are simple enough that you can apply/renew on your own without paying a lawyer.
uslegals
08-20 04:41 PM
Thank your for ur reply....What about I-129 petition & withdrawal letter...Is there anything that protects me which states that i have a right to get a copy of documents - petition, letter, etc,...from employer. Can somebody point me in the right direction to so that i have a case in point.!
Thanks!
Thanks!
more...
funny
08-13 01:19 PM
Hi Funny,
When were your respective I140s approved ? Were they with the same or different employer ?
Same employer, both of them were approved around mid 2007.
When were your respective I140s approved ? Were they with the same or different employer ?
Same employer, both of them were approved around mid 2007.
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?:(
anilsal
11-07 09:27 PM
http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=15252
IL Meet and Greet.
IL Meet and Greet.
pani_6
07-03 12:06 PM
OK if I go the convert to Eb2 route..when do Ihave to shift to the new employer..after the new PERM is approved or after the I-14o is approved??.
VSS2007
05-28 06:19 PM
I got my renewal EAD from TSC last week. It starts from the expiry of my current EAD.
Thanks so much!
Thanks so much!
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