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  • thakgaya
    03-30 05:53 AM
    The approved 140 were from different companies. I got the update in 2 days after my attorney responded to the RFE.





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  • rsrikant
    07-20 03:26 PM
    my 140 also is e filed and i received receipt no. in email.

    waiting for the hard copy of receipt notice..

    any idea how long it takes to get receipt notice if it is efiled...





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  • leo2606
    11-13 09:45 PM
    First thing Draft a strong letter to DOL about this guy, send an email to your old employer and tell him if he doesn't respond with in X mount of time you are going to complain to DOL.Ask him to look at the attched complain which you will be sending to DOL.

    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......

    If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also

    Please Sugest





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  • shana04
    05-18 01:05 PM
    RFE for Dependent - To show the valid status from day of entery till we filed I 485

    One of the supporting document is I-94, but we gave at port of departure.

    We have the second I-94 which we received while coming back. Is this copy good enough or do we need to get the second copy.

    any body with similar experience please share your thoughts.

    Thanks,
    Shana



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  • gchetna
    09-10 11:44 AM
    Thanks for your response. I am hoping that I will be able to tell them to give me time to get my H1B transfered. They have always been very understanding so far, but you never know...Thanks guys





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  • redcard
    01-19 01:08 PM
    Here is my understanding:

    Situation 1-

    1. Get New Visa Stamped:

    If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.

    Situation 2

    2. No New Visa Stamped and entering on the old visa

    I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..


    Hope this helps..



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  • sledge_hammer
    05-21 02:47 PM
    Hi,

    My parents will be visiting in the year end and I want to send them the required documents to get the visa application going. Can anyone here post a template for the following -

    1. Invitation letter from the sponsor to the visitor visa applicant
    2. Letter to consulate by the sponsor

    Also for bank statements, can I use the prinout from PDF available online from my bank website (banf of america)? Do these printouts need notarization?

    I would appreciate any info.

    Thanks!





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  • busy
    03-08 09:49 PM
    By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.



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  • chanduv23
    06-18 03:13 PM
    u never went to india since 5 years, your crazy :)

    I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.





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  • mhathi
    08-22 09:11 AM
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  • Prashanthi
    10-20 05:52 PM
    Hi,

    My friend is in a unique situation and needs help. Please guide him with his queries.

    **************************************************
    I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

    My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

    My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

    We didn't specify about GC labor on H1B/I-94 extension petition.

    My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

    Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?



    ************************************************** *********

    You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.





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  • dixie
    08-02 09:05 PM
    Hi,
    I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).

    This is just a part of the job description:

    - BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.

    Thanks.

    As far as I know, EB2 is advanced degree OR 5+ yrs experience. I have less than 1 yr experience, but my firm is plans on filing my application in EB-2.



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  • Devils_Advocate
    08-20 03:58 PM
    You must have gotten a Deportation form, where one of the category ( 5 year ban) must have been checked, that means you cant enter for 5 years.

    Did you file that income as a tax return??





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  • dsneyog
    01-14 10:37 AM
    I self files.
    Received : Dec 3rd
    Status: Pending

    My company want to book me on flight and comanty sponsored cruise. Cruise leaves on Feb 27th. I am afraid it I will have AP then. Company need some confirmation of getting it as they will lose money.

    I called USCIS and placed request to Expedite based on catagory 1 (financial loss to employer or individual). I was told that I will hear somehting in 5 days?

    Should I contact local congressman and place request through them? How does the procedure go? I have no clue. I have taken infopass appointment at local USCIS for next week but I know that will be waste of time.

    Any suggestions?

    Thanks



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  • jingi1234
    08-19 05:30 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi





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  • gc_samba
    07-17 05:03 PM
    Thank you I appreciate your response

    No minimum period is necessary and firing will not have any negative impact.



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  • busy
    03-08 09:49 PM
    By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.





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  • sledge_hammer
    06-09 05:25 PM
    By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!

    I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.

    You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.

    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?





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  • rolrblade
    02-28 07:28 AM
    what is your PD, catagory and country please?

    What does his PD, category and country have to do with anything in his question?

    Anyways, what I believe is happening is USCIS wants to make sure of your continued legal status in the country and also to make sure that there are no SIGNIFICANT gaps in status.

    Haing said that I believe that your attorney is correct, in that if you filed extension before expiry of the H1 you should be fine. The Pearsons memo also states "a reasonable time" for you to find another job, so your 20 days should be just fine.

    Just make sure your attroney writes a good response back and not just sends the I-797's.





    bah9422
    08-12 04:31 PM
    tom and everyone,

    do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
    I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.





    jthomas
    01-14 12:51 PM
    i had been to SBA and the free seminars for entrepreneurs conducted by them. They hold one-one meetings and try to know what you exactly want to do and tell you how to proceed. It is an goverment organization with volunteers who are reteired high ranking officers from different field. They gave me brochures and booklets and told me to write a business plan. Anyway, you can google SBA and find the nearest local office and ask them for a appointment.



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