stxvr
07-07 04:24 PM
I am on H1B. I am palnning to file AOS. Category F1 is Child of unmarried son of US citizen(family based).
The LCA and Petition papers used for the my H1 Visa (at consulate interview) has the Job Title Programmer I and location A. But before coming to USA I got reassigned and I got a new LCA from the company (I got new LCA in India itself). Recently I looked into that New LCA it has recorded my Job Title as Programmer II and my current location location B.
I have following question.
My questions:
1. Does this Probrammer I/ Probrammer II change in LCAs affects my AOS.
2. If my oroginal petition and LCA has the job title programmer I and after that I got new LCA for new location with Job title programmer II than it is OK Or I must have to have the job title programmer I (same as matching with original petition)
The LCA and Petition papers used for the my H1 Visa (at consulate interview) has the Job Title Programmer I and location A. But before coming to USA I got reassigned and I got a new LCA from the company (I got new LCA in India itself). Recently I looked into that New LCA it has recorded my Job Title as Programmer II and my current location location B.
I have following question.
My questions:
1. Does this Probrammer I/ Probrammer II change in LCAs affects my AOS.
2. If my oroginal petition and LCA has the job title programmer I and after that I got new LCA for new location with Job title programmer II than it is OK Or I must have to have the job title programmer I (same as matching with original petition)
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CrazyWorld
08-04 05:42 PM
I don't have A# on my approved I-140.
My I-140 got approved in Jun 06.
May be they started adding A#'s after Jun 06 OR they include A#'s only for concurrent filers.
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
My I-140 got approved in Jun 06.
May be they started adding A#'s after Jun 06 OR they include A#'s only for concurrent filers.
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
abhijitp
01-25 01:35 PM
Volunteers all over the country are helping this effort outside of a local train station in SF Bay area, and members who live within 2 miles of the train station don't even read their mails!
Thanks Janislal and Kicca.
Together, we will make the admin fixes HAPPEN!
Thanks Janislal and Kicca.
Together, we will make the admin fixes HAPPEN!
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cdeneo
04-02 10:12 PM
Related question:
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
more...
mrdelhiite
08-08 09:10 AM
roseball, agree. got same resp from my attorney while filing AOS for my wife
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yup Senthil Thanks a lot for your reply.
-M:D
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yup Senthil Thanks a lot for your reply.
-M:D
Macaca
12-15 11:49 AM
I have not seen the USCIS catalog for H1B rules. I assume it should be available online at the state deptt.
My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.
You can not start working before the start date mentioned on your H1B.
I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.
I remind you that I have not seen the USCIS catalog.
My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.
You can not start working before the start date mentioned on your H1B.
I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.
I remind you that I have not seen the USCIS catalog.
more...
EndlessWait
06-20 01:51 PM
I would suggest to go with EAD and AP for spouse as its better then H1B.
You don't have to stick one employee if spouse has EAD and she doesn't need to find job in perticular field if she has EAD...
But for you, I would say just use H1B as long as you can.
i concur. i'm applyin for ead and ap for her. When the time comes, she wont use ap to enter. but for now.. what the heck..thanks guys
You don't have to stick one employee if spouse has EAD and she doesn't need to find job in perticular field if she has EAD...
But for you, I would say just use H1B as long as you can.
i concur. i'm applyin for ead and ap for her. When the time comes, she wont use ap to enter. but for now.. what the heck..thanks guys
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aristotle
01-31 01:27 PM
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
more...
diptam
09-23 10:16 AM
To answer your question the Priority date column is NULL ( i mean blank) for most of us in 485 Receipt Notice.
But the "Section : " is showing UNKNOWN for some of us and showing something else for others...
I'm wondering if that could be an issue - shall we call USCIS to fix this ?
what does the priority date column on the recipt notice say?
Does it show the actual priority date or is it blank or something else?
But the "Section : " is showing UNKNOWN for some of us and showing something else for others...
I'm wondering if that could be an issue - shall we call USCIS to fix this ?
what does the priority date column on the recipt notice say?
Does it show the actual priority date or is it blank or something else?
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Mahatma
08-13 04:26 PM
I am saying this without much research BUT I do recollect rave reviews about VDL Rao.
In past, Googler, Conshell etc. have done a good job of investigative journalism (name check memo and other critical updates). Discovering VDL rao would be blessing for some sort of hunch on Visa number availability. He has apparently commanded our respect.
Some guesstimate is better than utter confusion.
We need you Mr. Rao. Help us in our journey from darkness to light.... an eventual green light!
In past, Googler, Conshell etc. have done a good job of investigative journalism (name check memo and other critical updates). Discovering VDL rao would be blessing for some sort of hunch on Visa number availability. He has apparently commanded our respect.
Some guesstimate is better than utter confusion.
We need you Mr. Rao. Help us in our journey from darkness to light.... an eventual green light!
more...
sam_hoosier
09-16 04:18 PM
Done.
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Sath thesmilingstar
02-25 08:10 PM
I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..
so does this mean that i cannot apply with my is i-140 pending..??
so does this mean that i cannot apply with my is i-140 pending..??
more...
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keerthi
05-13 03:32 PM
Thanks again.
I will consider the L1-A during the re-filing. Any idea on how long it will take to get the petition approved if I re-file by this month?
The USCIS processing times indicate a 2 month backlog for I-129 petitions.
I will consider the L1-A during the re-filing. Any idea on how long it will take to get the petition approved if I re-file by this month?
The USCIS processing times indicate a 2 month backlog for I-129 petitions.
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clif
06-12 07:56 AM
If an employer fires an employee and continues to give severance pay for a couple of months, do they usually cancel H1B immediately or wait for the period of severance pay before cancelling H1B?
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
more...
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fatjoe
09-02 10:57 PM
Is it possible to let us know their RD and ND too? Just wanted to find the pattern on how TSC is approving the case. That would be much helpful for those who are waiting.
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santb1975
02-14 06:08 PM
Are we??
more...
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gc_chahiye
09-23 02:11 AM
Gurus,
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230
2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.
3. our receipt also had the PD field blank. Apparently thats normal
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230
2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.
3. our receipt also had the PD field blank. Apparently thats normal
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waiting_4_gc
07-20 02:06 PM
Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
You can apply for EAD
I believe you have to have either EAD or valid H1B
You can move to new employer using AC21 WITH EAD
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Contributed $100.00 so far.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
You can apply for EAD
I believe you have to have either EAD or valid H1B
You can move to new employer using AC21 WITH EAD
----------
Contributed $100.00 so far.
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akhilmahajan
11-14 09:51 PM
It will also give one a chance to tell their story to the senator or his aide.
Right now everyone thinks there is no flaw in the legal immigration.
If we keep on meeting lawmakers, it will bring to them the hardships faced by legal immigrants, so they might pay some attention to our cause.
GO IV GO. TOGETHER WE CAN
Right now everyone thinks there is no flaw in the legal immigration.
If we keep on meeting lawmakers, it will bring to them the hardships faced by legal immigrants, so they might pay some attention to our cause.
GO IV GO. TOGETHER WE CAN
puskeygadha
05-22 11:42 AM
After labor is approved do we need hardcopy of labor to file
I140 and 1485..OR ELECTRONIC RECEIT WILL DO
tHANKS
I140 and 1485..OR ELECTRONIC RECEIT WILL DO
tHANKS
webm
02-26 01:04 PM
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
First make sure your (EB) PD is Current and then think about July20,2007 thing,....
First make sure your (EB) PD is Current and then think about July20,2007 thing,....
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