sukhyani
03-05 02:04 PM
copy of current employment letter and future job offer...Does this has to be with same company...OR...
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.
If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.
If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.
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seahawks
09-12 10:02 AM
remember when you get your new passport in 2007, carry the new passport and the old passport with you when you travel because the valid visa will still be in your old passport.
uslegals
08-20 04:12 PM
Can somebody please reply..? Your advice will be priceless for me at this stage..! Thank you!
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chandrajp
08-15 03:44 PM
I received my Receipts now for I-485.Is there any process to expedite AP while filing .(based on family death). I'm applying for it now.
You can always take an Infopass appointment. I'm not sure if IO really has authority to generate an interim AP. In my case I took Infopass once for address change as it did not happen even after applying online twice.
You can always take an Infopass appointment. I'm not sure if IO really has authority to generate an interim AP. In my case I took Infopass once for address change as it did not happen even after applying online twice.
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wandmaker
08-11 01:47 AM
Thanks for this info.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
(1) Unemployment Wage Report: All employers who are liable for unemployment insurance (UI) must file a tax and wage report for each quarter they are in business. Active employers should receive a printed report by mail during the last week of each quarter. The report must be filed by the due date. Employers must report all wages paid to employees. Consulate will be in a position to determine the stablity of the employer based on quarterly reports, which will give detailed insight about how company is doing.
(2) Project Description: Consulate is interested in what you will be doing with the company once you land the USA. This is a free form letter issued in a company letter head addressing to Consulate (Delhi in your case).
(3) Notarised list of Employee: Consulate can verify whether the number of employees mentioned in your document is same or higher; this can be tied to (1).
(4) W2: Consulate will require annual tax return filed by employer to see how the company has performed in the last year and current state can be determined by (1)
In my opinion, (1) , (2) and (4) is mandatory and (3) information can be obtained from (1) - without which your visa will not be issued.
If your employer is not co-operative then I suggest you start looking for new employer.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
(1) Unemployment Wage Report: All employers who are liable for unemployment insurance (UI) must file a tax and wage report for each quarter they are in business. Active employers should receive a printed report by mail during the last week of each quarter. The report must be filed by the due date. Employers must report all wages paid to employees. Consulate will be in a position to determine the stablity of the employer based on quarterly reports, which will give detailed insight about how company is doing.
(2) Project Description: Consulate is interested in what you will be doing with the company once you land the USA. This is a free form letter issued in a company letter head addressing to Consulate (Delhi in your case).
(3) Notarised list of Employee: Consulate can verify whether the number of employees mentioned in your document is same or higher; this can be tied to (1).
(4) W2: Consulate will require annual tax return filed by employer to see how the company has performed in the last year and current state can be determined by (1)
In my opinion, (1) , (2) and (4) is mandatory and (3) information can be obtained from (1) - without which your visa will not be issued.
If your employer is not co-operative then I suggest you start looking for new employer.
desi3933
07-09 08:06 AM
LCA at 485 level should not be considered and that could be the reason u never heard of one .....
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
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gauravster
02-25 12:46 PM
In some states (like NJ), you need a letter from Social Security Administration stating that you are not eligible for SSN.
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beautifulMind
07-17 10:30 AM
Anyone else facing the same problem
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hoolahoous
08-27 06:15 PM
i think there is a provision that if you are traveling for work every few months then you just need to provide your 'permanent' address not the 'temporary' address.
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GCwaitforever
10-17 01:25 PM
Not necessary. You can grow the business slowly. But only when your business grows to the size of 10 employess, you can file for EB5.
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snathan
05-23 06:15 PM
Here is Ron's reply for the questions/concern
Hi Ron,
Tons of thanks for your time and this letter. Though most of the case are pending with Atlanta, there are few people struck with chicago as well. But the number is very small compared to atlanta. This template sounds very good to me, I will post the same at IV and let you know the feed back. Also I will direct the folks struck in chicago to you, they can hire you if they want you to represent them or I will ask them how do they want to proceed.
If we give the case number and employer name, would there be any impact/side effect ?
I will keep you posted and thanks a lot for your time
===========================
Reply from Ron:
All of the Chicago cases have been transferred to Atlanta. If the Chicago guys want to talk to me, I’m happy to do so. They don’t have to hire me if all they want is information. As for putting names and case numbers, without that information, they won’t take the letter seriously. Also, I think that this will get the DOL to move on those cases. Almost every time I have made a specific complaint, they have responded by resolving the case right away in order to make the whole thing go away. It wouldn’t surprise me to see the same thing here.
Hi Ron,
Tons of thanks for your time and this letter. Though most of the case are pending with Atlanta, there are few people struck with chicago as well. But the number is very small compared to atlanta. This template sounds very good to me, I will post the same at IV and let you know the feed back. Also I will direct the folks struck in chicago to you, they can hire you if they want you to represent them or I will ask them how do they want to proceed.
If we give the case number and employer name, would there be any impact/side effect ?
I will keep you posted and thanks a lot for your time
===========================
Reply from Ron:
All of the Chicago cases have been transferred to Atlanta. If the Chicago guys want to talk to me, I’m happy to do so. They don’t have to hire me if all they want is information. As for putting names and case numbers, without that information, they won’t take the letter seriously. Also, I think that this will get the DOL to move on those cases. Almost every time I have made a specific complaint, they have responded by resolving the case right away in order to make the whole thing go away. It wouldn’t surprise me to see the same thing here.
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milind70
06-04 11:59 AM
My PD 15 July 2002 EB3 India and
I485 Receipt Date May 12, 2004
Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.
I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.
Oh well....
IV is the only place that is doing a lot to change.
Keep the good work IV.
Have donated $200 under my name and $150 under my wife's name to IV
Well this is always going to be there,FIFO is not guaranteed during adjustement of status.It is quite possible someone who has filed later and has a PD which is later is likely to be approved because this depends on various factors i.e case to case basis,FBI name check ,security clearance,immigration officer who is adjucating your case etc.
But the good news for you is that your case has now has a available Visa Number and if your application is in order (as per the Immigration Officer)
then u will get an approval.
In other words your chances of your case /PD being retrogressed are highly unlikely.
I485 Receipt Date May 12, 2004
Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.
I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.
Oh well....
IV is the only place that is doing a lot to change.
Keep the good work IV.
Have donated $200 under my name and $150 under my wife's name to IV
Well this is always going to be there,FIFO is not guaranteed during adjustement of status.It is quite possible someone who has filed later and has a PD which is later is likely to be approved because this depends on various factors i.e case to case basis,FBI name check ,security clearance,immigration officer who is adjucating your case etc.
But the good news for you is that your case has now has a available Visa Number and if your application is in order (as per the Immigration Officer)
then u will get an approval.
In other words your chances of your case /PD being retrogressed are highly unlikely.
more...
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validIV
03-24 12:51 PM
Technically if you lose employment in H-1 you are out of status, although there is an informal grace period that everyone here interprets differently.
How long have you been unemployed?
How long have you been unemployed?
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mirage
07-11 03:54 PM
I'm not sure if most of the people here knows the reason behind EB-3 Disaster. Clinton gave amnesty to thousands of illegal workers and ask them to file Labor Certs. They were all taken as EB-3 with PD Apr'01-2001. I think they are called 245 I cases. Google it and find out.
That is the reason EB3-I is not moving and will not go anywhere as other people may file in EB-2 and move on, but 1000s of illegal workes are stuck ahead of us...
That is the reason EB3-I is not moving and will not go anywhere as other people may file in EB-2 and move on, but 1000s of illegal workes are stuck ahead of us...
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jcrajput
10-12 11:18 AM
We are planning to get our passort stamped (H1B/H4) at Mumbai consulate. Does anyone know how many pay-stubs I will need from my current employer? Can anyone please share their experience?
Thanks a lot.
Jignesh
Thanks a lot.
Jignesh
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09-15 09:28 PM
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desi3933
07-09 11:16 AM
What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
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smuggymba
11-30 01:21 PM
As per the document:
total EB2 visa available: 40040
Grand total of EB2 pending: 33850
So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.
Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.
Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.
i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
total EB2 visa available: 40040
Grand total of EB2 pending: 33850
So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.
Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.
Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.
i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
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brad_sk2
08-14 06:22 PM
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
dil_ip3
02-25 10:57 AM
My wife wants to move from h1b to h4 status.
Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.
What is the procedure to come back to H4.
She already has H4 Stamping valid in her passport (until August 2009).
She does not have H1B Stamping on her passport.
My H1B status is perfect with all paystubs.
Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.
I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.
Would there be any problem in coming back on H4?
Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.
What is the procedure to come back to H4.
She already has H4 Stamping valid in her passport (until August 2009).
She does not have H1B Stamping on her passport.
My H1B status is perfect with all paystubs.
Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.
I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.
Would there be any problem in coming back on H4?
TomPlate
12-03 12:27 PM
After an 2 years assume the project that I worked is closed. Initially the greencard was filed related to a requirement in the project. I got approved after 3 years. Since the project is closed, I cannot work on the project that was initially filed on Green card.
Now Explain me what we should do?
Now Explain me what we should do?
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