desi3933
02-11 07:59 PM
I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...
...
Did you tell your attorney that you have got new I-94 with H1-B written on it. I-94 indicates new status. There are no 2 ways about it.
__________________
Not a legal advice.
...
Did you tell your attorney that you have got new I-94 with H1-B written on it. I-94 indicates new status. There are no 2 ways about it.
__________________
Not a legal advice.
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a_yaja
01-13 11:51 AM
Sure, I will try to do that. But the lawyer has a mind of his own, a very adamant one who would not listen to anyones suggestions. Also, I am racing against time. I have very little time to get new EVLs and have my lawyer submit them. Thanks for the suggestion.
Did your exp. letter have the number of hours (40hrs/ week) mentioned? I had an RFE for my I-140 as well (one of the points in the RFE was for exp.) . The exp. letters I submitted did not mention 40 hrs/ week. I got the letters reissued with 40 hrs/ week and that cleared the RFE. The RFE clearly mentioned that the exp. letter did not specify the number of hours worked per week.
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
Did your exp. letter have the number of hours (40hrs/ week) mentioned? I had an RFE for my I-140 as well (one of the points in the RFE was for exp.) . The exp. letters I submitted did not mention 40 hrs/ week. I got the letters reissued with 40 hrs/ week and that cleared the RFE. The RFE clearly mentioned that the exp. letter did not specify the number of hours worked per week.
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
GetGC08
07-30 06:29 PM
Hello,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
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alisa
08-03 10:45 AM
I am starting this thread for people who are still waiting for their I-140 approvals.
There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.
The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
In December 07, the processing dates for NSC EB3 were at January 2007.
In July 2008, the processing dates (NSC, EB3) are at March 2007.
We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.
There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.
The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
In December 07, the processing dates for NSC EB3 were at January 2007.
In July 2008, the processing dates (NSC, EB3) are at March 2007.
We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.
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GKBest
10-13 09:41 PM
All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.
Are you a July 2nd filer?
Are you a July 2nd filer?
bodhi_tree
12-15 12:07 PM
he can get a 3 yr extension no matter what because I am assuming that he will go through PERM and have his I140 approved through the new company in a year or so.
the only benefit of the old I140 is to port the Priority Date.
Could you elaborate ? Did you mean I'll eventually get a 3 year extension after I run out of 6 year term (assuming the new company files perm and the retrogression is still there then..) OR did you mean I can get 3 years right now ?
the only benefit of the old I140 is to port the Priority Date.
Could you elaborate ? Did you mean I'll eventually get a 3 year extension after I run out of 6 year term (assuming the new company files perm and the retrogression is still there then..) OR did you mean I can get 3 years right now ?
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VMH_GC
07-17 06:03 PM
I pledge $100 right now to IV. I will make the payment tonight.
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lj_rr
08-24 01:13 PM
Anyone found a solution for this yet?
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mohitb272
12-10 07:17 PM
in my view software engineer and business analyst are NOT similar. One deals with generating lines of code and the other is taking requirements...in my view both are different...talk to your attorney...it is just my view only...and u know i am neither expert nor an attorney...
Well, In a small company as mine, people have to take a lot of other responsibilities besides development, including customer support and at times taking requirements. My role gradually changed but now I am a BA. Anyway, thanks for the advice.
Well, In a small company as mine, people have to take a lot of other responsibilities besides development, including customer support and at times taking requirements. My role gradually changed but now I am a BA. Anyway, thanks for the advice.
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hydubadi
03-31 12:19 PM
Thanks for the reply.
How to dispute against this fake criminal record in background check.
How to dispute against this fake criminal record in background check.
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averagedesi
08-23 09:49 PM
I will be surprised if I am the only unlucky guy
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prince40
04-16 01:07 PM
one of my colleague has received mail notification to the lawyer that application was picked in selection. H1b applied in masters premium.
did he get it this morning??
did he get it this morning??
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pbojja
02-09 04:09 PM
Hi,
I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.
I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
I was in similar situation and I traveled to Canada and got my I94 extended . Usually they dont take your I94 when you travel for less than 30 days to Canada , however while returning I request new I94 with the officer and got new I94. I would say fly.
I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.
I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
I was in similar situation and I traveled to Canada and got my I94 extended . Usually they dont take your I94 when you travel for less than 30 days to Canada , however while returning I request new I94 with the officer and got new I94. I would say fly.
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chi_shark
12-16 11:38 AM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
illinois somehow does not worry too much... i have never had trouble with mine or my wife's... she did not have license when she was on H4 right after 9/11 but they have changed that since then and even h4 folks have it... sorry to hear about your case... is it likely that someone in the dmv made a mistake?
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
illinois somehow does not worry too much... i have never had trouble with mine or my wife's... she did not have license when she was on H4 right after 9/11 but they have changed that since then and even h4 folks have it... sorry to hear about your case... is it likely that someone in the dmv made a mistake?
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pnjbindia
12-11 12:44 PM
guys,
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
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satyasaich
04-23 12:42 AM
You are correct.
Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
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roseball
07-27 02:07 PM
I have a friend who filed is 485 on July 24th and he couldn't file for his spouse who was in india at that time.She is coming back on July 30 and planning to file for her I-485.My friend did not receive any receipt and what does he need to do in order to file for her i-485?
-Thanks
contributed $250 so far.
This is the way to unnecessarily complicate things. The best thing to do was to wait one more week and file together.....
Now, they have to include a copy of the courier receipt/delivery confirmation etc along with a letter explaining its a secondary I-485 pkg attached to so and so's primary package which was received by USCIS on a particular date.....I suggest writing the letter on a "bright colored paper" so its visible right away to the mailroom people....
-Thanks
contributed $250 so far.
This is the way to unnecessarily complicate things. The best thing to do was to wait one more week and file together.....
Now, they have to include a copy of the courier receipt/delivery confirmation etc along with a letter explaining its a secondary I-485 pkg attached to so and so's primary package which was received by USCIS on a particular date.....I suggest writing the letter on a "bright colored paper" so its visible right away to the mailroom people....
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frostrated
07-06 03:33 PM
Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.
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GC_ASP
07-20 07:39 AM
If u r not married, its better to change the job using H1b transfer and use Ac21portability to continue the GC process ( new job should be similar). You don't have to use EAD. Once you start using ur EAD, you loose ur H1B status automatically and it would be hard to bring your wife on H4.
Here are the answers for ur three questions.
1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.
2. I think you can get H1B extension using 140 approval.
3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.
I hope I answered the all your questions.
one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.
Never use AP if you are unmarried.
This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!
Here are the answers for ur three questions.
1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.
2. I think you can get H1B extension using 140 approval.
3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.
I hope I answered the all your questions.
one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.
Never use AP if you are unmarried.
This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!
Eberth
10-21 06:08 PM
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Gravitation
12-17 11:38 AM
2 years - 10 years.
Not very precise... but that's as much as anybody knows.
Not very precise... but that's as much as anybody knows.
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