stones
07-08 05:33 PM
Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
wallpaper Dmx 6
logiclife
07-31 09:59 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
aat0995
09-23 01:24 PM
Soft LUD for me. It was so soft that it didnt even update the date.
New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case
And how to you differentiate between soft lud and very soft lud?:o
New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case
And how to you differentiate between soft lud and very soft lud?:o
2011 Lacey Chabert wallpaper photo
permfiling
08-03 12:44 PM
Did you get your EAD / AP ?
more...
xlxoel
06-16 02:55 PM
Just updating my case in case someone is going through same situation and need help.
I mailed the two pictures that they requested on June 2nd, as today, my online status hasn't change, still says: Request of evidence sent, case placed on hold.
I made an INFOPASS appointment last friday and I just came back from talking with an immigration agent. They will expedite my I-131 for free, they said they normally do it within 30 days but he liked me and he said he was going to try to get in just 5 days.
He said he sent a request thought their intranet to the TEXAS SERVICE CENTER, they should be calling me if they need anything, if not, they will send me the TRAVEL DOCUMENT right away.
I'll keep you all posted!
I mailed the two pictures that they requested on June 2nd, as today, my online status hasn't change, still says: Request of evidence sent, case placed on hold.
I made an INFOPASS appointment last friday and I just came back from talking with an immigration agent. They will expedite my I-131 for free, they said they normally do it within 30 days but he liked me and he said he was going to try to get in just 5 days.
He said he sent a request thought their intranet to the TEXAS SERVICE CENTER, they should be calling me if they need anything, if not, they will send me the TRAVEL DOCUMENT right away.
I'll keep you all posted!
saimrathi
08-02 01:40 PM
I dont think there is anway of tracking money orders from USPS..
I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank
I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank
more...
vkmurthy260
06-25 11:32 AM
If you ask for a new I 94 you can get it from POE (provided I 94 is about to expire ). I got a new one while entering from Mexico last week. went out and came back in same day .
Hope this is information is usefull.
Thanks
Kris.
Hope this is information is usefull.
Thanks
Kris.
2010 DMX 3
Deepika
08-14 04:38 PM
Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.
more...
hopefulgc
12-05 09:54 PM
sorry that job is taken.... a monkey does it already.. what are u gonna replace him?
You mean Visa Bulletin programmer?
You mean Visa Bulletin programmer?
hair DMX 1
easygoer
10-09 06:17 PM
Can IV core put some light on -
Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?
If NO, any way to add that in?
Thank!
Is there any plan by IV for quarterly spillover. We could do it collectively like send letters to senators or Ombudsman?
Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?
If NO, any way to add that in?
Thank!
Is there any plan by IV for quarterly spillover. We could do it collectively like send letters to senators or Ombudsman?
more...
AUG2005GC
08-27 10:04 PM
Hi folks,
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
its is definitely possible provided your position has new responsibilites preferably management responsibilities in addition to current responsibilites. I applied in EB3 as a programmer and 4 years later with same employer i appied as Project Manager in EB2. I got my date ported and got my GC last month. Hope it helps. Best Luck
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
its is definitely possible provided your position has new responsibilites preferably management responsibilities in addition to current responsibilites. I applied in EB3 as a programmer and 4 years later with same employer i appied as Project Manager in EB2. I got my date ported and got my GC last month. Hope it helps. Best Luck
hot Wallpaper size adjusted to the
kirupa
04-22 05:22 PM
sparky - I really like your third one. I haven't seen a lot of green stamps. Anyhoo, add some text like the dolllar/cent value of the stamp and I'll add it up :)
more...
house dmx
GC08
06-19 07:28 PM
Sorry if this is too basic. But can anyone tell me if passport photos taken from Kinko's will work for filing 485, AP, EAD, etc.?
Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).
Thanks in advance!
Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).
Thanks in advance!
tattoo DMX by ~Nostalgic2001 on
nixone
07-30 09:50 AM
It was an audited PERM?
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
more...
pictures DMX
Robert Kumar
02-25 12:04 PM
The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
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kasanski33
02-23 08:44 PM
I will be there
more...
makeup Eve Singer Backgrounds
smaram1
08-12 04:19 PM
Source:
http://www..com/discussion-forums/i485-1/172162219/
Posted by willcrack (74) 1 hour 51 minutes ago
OK...now guys, strictly speaking the memo does not say anything about "conditional" GC...in legal speak. Just that they could revoke it if the person is considered inadmissable after the Name Check results come back. "Conditional GC" per se has the support of the actual statute only for Married to citizen, EB5 investment GC's etc.
And now for those who feel that USCIS is not approving cases whose NC's are pending, I know 2 of my friends and I whose NC's were pending when the file was with the officer (and approved in a week) and in my case NC was pending even at 6:30pm eastern (when I called the second level IIO at the NCSC) the day before I got the CPO e-mail (next day at 9am).
I have also seen several cases where people have called/went to Infopass after they got the GC to find out whether the NC was cleared....and it was pending !
so this should throw away all apprehensions about the 180+ rule not being implemented out of the window...
http://www..com/discussion-forums/i485-1/172162219/
Posted by willcrack (74) 1 hour 51 minutes ago
OK...now guys, strictly speaking the memo does not say anything about "conditional" GC...in legal speak. Just that they could revoke it if the person is considered inadmissable after the Name Check results come back. "Conditional GC" per se has the support of the actual statute only for Married to citizen, EB5 investment GC's etc.
And now for those who feel that USCIS is not approving cases whose NC's are pending, I know 2 of my friends and I whose NC's were pending when the file was with the officer (and approved in a week) and in my case NC was pending even at 6:30pm eastern (when I called the second level IIO at the NCSC) the day before I got the CPO e-mail (next day at 9am).
I have also seen several cases where people have called/went to Infopass after they got the GC to find out whether the NC was cleared....and it was pending !
so this should throw away all apprehensions about the 180+ rule not being implemented out of the window...
girlfriend dmx-quotes-friends. Wallpapers
anilsal
12-14 11:49 AM
Are we calling the Senator's office for taking up the cause for CIR?
I presume he is a democrat. Can we request him to take into consideration, skilled immigration?
I presume he is a democrat. Can we request him to take into consideration, skilled immigration?
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morchu
05-04 02:11 PM
Good point regarding export regulations. I dont have much idea in this scene.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
raysaikat
04-20 10:54 AM
Dealsnet thank you for your input,
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
PD_Dec2002
07-05 04:32 PM
From Mathhew Oh (http://www.immigration-law.com/):
07/02/2007: To File or Not To File, That Is the Question!
The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
---------------
Thanks,
Jayant
07/02/2007: To File or Not To File, That Is the Question!
The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
---------------
Thanks,
Jayant
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