grcjso
12-27 12:00 AM
Here is my story -
- I came here in 1998 on F1
- Transferred to H1-B in 2002
- Filed for Labor Cert in 2005 (EB3) in Nevada
- I-140 approved in 2008
- I-485 pending for more then 180 days as of 2008
- EAD valid through 7/10/2009
- Got laid of in Feb 2009
- I got a job as an associate, a consultancy firm on W2 basis on Nov 17th, 2009 in WA
I have not done anything (i.e.informing the USCIS about job change etc.). I have the following questions.
- what documentation is required to be submitted to the USCIS about the new job.
- What kind of documentation is required from the employer vs myself
- When/how soon has this documentation is to be submitted
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
- Is it advisable to employ the services of an attorney if we run into issues.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Any advice would be greatly appreciated.
-grcjso
- I came here in 1998 on F1
- Transferred to H1-B in 2002
- Filed for Labor Cert in 2005 (EB3) in Nevada
- I-140 approved in 2008
- I-485 pending for more then 180 days as of 2008
- EAD valid through 7/10/2009
- Got laid of in Feb 2009
- I got a job as an associate, a consultancy firm on W2 basis on Nov 17th, 2009 in WA
I have not done anything (i.e.informing the USCIS about job change etc.). I have the following questions.
- what documentation is required to be submitted to the USCIS about the new job.
- What kind of documentation is required from the employer vs myself
- When/how soon has this documentation is to be submitted
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
- Is it advisable to employ the services of an attorney if we run into issues.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Any advice would be greatly appreciated.
-grcjso
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waiting4gc02
10-12 02:32 PM
Guys:
I know this has been asked gazillion times but jsut wanted to make sure I got it right.
On uscis website for my I-485 it says " On June 9th we recieved you application and ........so forth.
The date when this is done is June 13th as seen on the LUD.
So my understanding is that my 6 months period for me to knick in the AC21 rule would be Dec'9th.
Is this correct ??
Thanks
PD: Feb'02/EB-3/INDIA
I know this has been asked gazillion times but jsut wanted to make sure I got it right.
On uscis website for my I-485 it says " On June 9th we recieved you application and ........so forth.
The date when this is done is June 13th as seen on the LUD.
So my understanding is that my 6 months period for me to knick in the AC21 rule would be Dec'9th.
Is this correct ??
Thanks
PD: Feb'02/EB-3/INDIA
kondur_007
07-26 05:54 PM
labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion
Yes, unfortunately you are not eligible for I140 premium processing as you can extend your H1 beyond 6 yrs based on labor > 1yr old.
USCIS opened this premium processing for a VERY narrow group of people: "who can not extend H1 visa beyond 6 yrs by any other means, who are currently on H1 status". However, due to this very narrow inclusion criteria, they have received a very few premium processing requests (as most people either have older labor or are in different status by now). And they LOVE money, so they will soon come up with broader premium processing, (probably in october or so when new fiscal year starts when they usually go in "hibernation")
Hope it helps.
Yes, unfortunately you are not eligible for I140 premium processing as you can extend your H1 beyond 6 yrs based on labor > 1yr old.
USCIS opened this premium processing for a VERY narrow group of people: "who can not extend H1 visa beyond 6 yrs by any other means, who are currently on H1 status". However, due to this very narrow inclusion criteria, they have received a very few premium processing requests (as most people either have older labor or are in different status by now). And they LOVE money, so they will soon come up with broader premium processing, (probably in october or so when new fiscal year starts when they usually go in "hibernation")
Hope it helps.
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lahuja1
01-24 03:39 PM
The LCA was only filed last week (01/18)...
more...
Mariam
02-24 03:39 PM
Hi everyone,
I really need somebody's advice on what to do next. Here is some info:
Im holding F-1 Visa, currently on OPT status until 08/2011. Filed I-140 in August 2010 as EB1 extraordinary ability - athletics.
My achievements in athletics:
1. Been in sport for 10 years.
2. Member of the National team 2003-2006.
3. Member of the University team 2006-2010.
4. Many times National Champion and prize winner of my own country.
5. Participant of World Cups and hold medals of European Championships.
6. Published in local, regional and some National newspapers at home and some local newspapers here in States.
Many others to go, but those are the major ones.
Did premium processing, got Intend to Deny. Submitted more paperwork, got denial in November 2010.
All this time had a lawyer, paid a lot of money, but as you can see, it didnt quite work out. He claimed to be a professional in this field. Never got denials before.
USCIS critique:
1. Membership in the national team is not sustained from 2006, therefore it doesnt count.. (But, I was here in states all those years, couldnt travel because was in school, plus I have a letter from a President of Athletic Federation for my sport, saying that according to my results that I showed while here in States, I would be the member easily all these years). Overall, USCIS didnt find membership in the National team to be extraordinary..
2. Some national publications are too short, there has to be a huge article about me. In regional newspapers I have huge articles, but newspapers are considered not major (however, they are professional)
Out of all criteria, they only approved one - national award. Membership and publications are not meeting the criteria. I had about 250 pages of supporting documentation.
I am very upset and dont know what to do. I am afraid to hire the lawyer, because all of them say that my case is pretty good, but we already lost a lot of money for nothing. I do not want to repeat the same mistake. My Lawyer suggested appealing the decision, but it would cost me about 15,000 more and about several years o processing. I just do not have such money and time.
I have decided to reapply and need some advice on how to go about it. I will be a self petitioner, luckily there is no employer offer needed. I may hire some lawyer, but if it is not too expensive - I need the one that knows what he is doing.
I would greatly appreciate any information. Thanks.
I really need somebody's advice on what to do next. Here is some info:
Im holding F-1 Visa, currently on OPT status until 08/2011. Filed I-140 in August 2010 as EB1 extraordinary ability - athletics.
My achievements in athletics:
1. Been in sport for 10 years.
2. Member of the National team 2003-2006.
3. Member of the University team 2006-2010.
4. Many times National Champion and prize winner of my own country.
5. Participant of World Cups and hold medals of European Championships.
6. Published in local, regional and some National newspapers at home and some local newspapers here in States.
Many others to go, but those are the major ones.
Did premium processing, got Intend to Deny. Submitted more paperwork, got denial in November 2010.
All this time had a lawyer, paid a lot of money, but as you can see, it didnt quite work out. He claimed to be a professional in this field. Never got denials before.
USCIS critique:
1. Membership in the national team is not sustained from 2006, therefore it doesnt count.. (But, I was here in states all those years, couldnt travel because was in school, plus I have a letter from a President of Athletic Federation for my sport, saying that according to my results that I showed while here in States, I would be the member easily all these years). Overall, USCIS didnt find membership in the National team to be extraordinary..
2. Some national publications are too short, there has to be a huge article about me. In regional newspapers I have huge articles, but newspapers are considered not major (however, they are professional)
Out of all criteria, they only approved one - national award. Membership and publications are not meeting the criteria. I had about 250 pages of supporting documentation.
I am very upset and dont know what to do. I am afraid to hire the lawyer, because all of them say that my case is pretty good, but we already lost a lot of money for nothing. I do not want to repeat the same mistake. My Lawyer suggested appealing the decision, but it would cost me about 15,000 more and about several years o processing. I just do not have such money and time.
I have decided to reapply and need some advice on how to go about it. I will be a self petitioner, luckily there is no employer offer needed. I may hire some lawyer, but if it is not too expensive - I need the one that knows what he is doing.
I would greatly appreciate any information. Thanks.
GotGC??
02-25 08:30 PM
Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
more...
sanvika9
03-03 06:12 PM
Hello ,
both father and mother attended visitors visa interview together at hyd counsulate. interview finished on February 18th 2010. no questions to mother in interview just all questions to father only and then said " you will get visa in 5 days " thats all.
Our father passport came with visa stamping on 26th itself that means counsulate gave that to vfs on 24th february.
still our mother passport is with counsulate of hyd only. they didnt give to VFS. i checked with vfs.
Contact Information - U.S. Consulate General Hyderabad, India (http://hyderabad.usconsulate.gov/contact_info.html)
what to do , total 15 days (i.e; 10 working days ) over. in this above link they gave email id of counsulate. shall i send email to them . if i send email will that effect the mother visa stamping approval in any way like negative way. counsulate phone number also there but that is restricted for urgent/emergency purpose. is this will come under urgent/emergency ?
if you suggest me to give email to counsulate my father and mother went for interview in regional language as they are not familiar in english. so on mother name itself shall i give email or on behalf of our mother we need to give email. if you dont mind could you please let me know the what exact good words i need to email to counsulate like sample matter .
please suggest me admin. you might have seen so many members experinces.
Anybody who experinced in this way please suggect me to go in correct way.
I really appriciate you for that. Thank you in advance.
both father and mother attended visitors visa interview together at hyd counsulate. interview finished on February 18th 2010. no questions to mother in interview just all questions to father only and then said " you will get visa in 5 days " thats all.
Our father passport came with visa stamping on 26th itself that means counsulate gave that to vfs on 24th february.
still our mother passport is with counsulate of hyd only. they didnt give to VFS. i checked with vfs.
Contact Information - U.S. Consulate General Hyderabad, India (http://hyderabad.usconsulate.gov/contact_info.html)
what to do , total 15 days (i.e; 10 working days ) over. in this above link they gave email id of counsulate. shall i send email to them . if i send email will that effect the mother visa stamping approval in any way like negative way. counsulate phone number also there but that is restricted for urgent/emergency purpose. is this will come under urgent/emergency ?
if you suggest me to give email to counsulate my father and mother went for interview in regional language as they are not familiar in english. so on mother name itself shall i give email or on behalf of our mother we need to give email. if you dont mind could you please let me know the what exact good words i need to email to counsulate like sample matter .
please suggest me admin. you might have seen so many members experinces.
Anybody who experinced in this way please suggect me to go in correct way.
I really appriciate you for that. Thank you in advance.
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baldev.thakur
06-25 10:32 AM
so n-400 is the ' path' document .Ok. N400 processing is now some 7 month behind all the places I saw. Any place where that is < 7 months or so ...
thx
Sam
thx
Sam
more...
nrk
06-03 10:30 AM
Based on the numbers EB2 India should be in the range of Oct 2005 to Dec 2005 by September 2010
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eyezberg
08-21 07:12 AM
where's the examples then? i'd love to see some good stuff
joe
joe
more...
goingtoindia
03-30 01:51 AM
My I-485/I-140 were filed on Jul 2, 2007 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.
P.S: I do not have a job yet.
P.S: I do not have a job yet.
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crazyghoda
02-13 03:08 PM
I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.
Has anyone else noticed something similar when you started with a new employer using eVerify?
Has anyone else noticed something similar when you started with a new employer using eVerify?
more...
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jthomas
03-30 02:38 PM
My I-485/I-140 were filed on Jul 2, 2008 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.
P.S: I do not have a job yet.
If you list your skillset maybe someone would be able to help you as soon as you return. By the way, most of the members knows a tons of rectruiters and websites.Maybe in the worst case you can tell that you are going to be interviewed by some firms
JThomas
P.S: I do not have a job yet.
If you list your skillset maybe someone would be able to help you as soon as you return. By the way, most of the members knows a tons of rectruiters and websites.Maybe in the worst case you can tell that you are going to be interviewed by some firms
JThomas
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dinakar
04-07 01:57 PM
All,
Any successful H1 transfers these days, pls post your experience. All that required for a transfer was latest 3 payslips and I797. Is it still the same or have things changed these days ? Can someone pls share your experience.
Any successful H1 transfers these days, pls post your experience. All that required for a transfer was latest 3 payslips and I797. Is it still the same or have things changed these days ? Can someone pls share your experience.
more...
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gc_chahiye
07-26 10:56 AM
this is a little bit off topic, but does anyway know what are the requirements for practicing immigration law in the US? What kind of formal training and bar exam passing etc are needed?
With the extensive practice that USCIS has provided us, atleast in EB matters I think for most of us it will be a cakewalk. Having gone through the process ourselves we also understand how to treat the immigrant (frequent updates, clear answers, be accessible, provide all options and information) and some of us could make very good immi lawyers (once we get our EADs).
With the extensive practice that USCIS has provided us, atleast in EB matters I think for most of us it will be a cakewalk. Having gone through the process ourselves we also understand how to treat the immigrant (frequent updates, clear answers, be accessible, provide all options and information) and some of us could make very good immi lawyers (once we get our EADs).
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GCmuddu_H1BVaddu
05-23 09:01 PM
Terito
How come MS + 2 = BS + 7...?
How come MS + 2 = BS + 7...?
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hpandey
06-23 01:29 PM
If after joining the H1b employer he has travelled out of the country, got the H1 stamping done and then returned to US then he is ok. It is the last admittance that counts . He should be maintaining his status legally since his last entry in US which is more important. Nothing to worry about.
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kevinkris
12-11 01:35 PM
Hi Nikith,
I guess we get FP for 485. Not for EAD or even AP.
You will get second (or even third or fourth...) Finger print notice(s)
until you get GC every 15 or 18 months.
They need to renew their FP database.
Hope this helps.
Thanks
Hi Gurus
Do we get FP again for second EAD :confused:
Thanks in advance.
I guess we get FP for 485. Not for EAD or even AP.
You will get second (or even third or fourth...) Finger print notice(s)
until you get GC every 15 or 18 months.
They need to renew their FP database.
Hope this helps.
Thanks
Hi Gurus
Do we get FP again for second EAD :confused:
Thanks in advance.
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thomachan72
11-26 12:49 AM
what is the reason for the denial? Only after knowing that you can determine whether you could apeal or not. Let us know what the denial reason is.
Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
gc_on_demand
03-10 03:29 PM
Hello Every one
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
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