Ramba
12-23 04:11 PM
If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?
No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.
No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.
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mbartosik
11-09 05:42 PM
http://news.bbc.co.uk/1/hi/health/7087846.stm
Actually there were two issues.
1) UK gov changed qualifying period for "indefinite leave to stay" from 4 years to 5 years. Without a grand father clause. UK gov won this.
2) NHS (state heath system) discriminated against those with UK work visa without "indefinite leave to say". That is called a Highly Skilled Migrant Programme.
For comparison with US system
indefinite leave to say == green card. Much easier to get in UK, wait time fixed at 5 years (up from 4).
Highly Skilled Migrant Programme == H1B H4 and L1 L2 but I think like having an EAD also.
I wonder given this ruling if those affected can now sue the NHS (National Health Service) over this for compensatory damages.
Actually there were two issues.
1) UK gov changed qualifying period for "indefinite leave to stay" from 4 years to 5 years. Without a grand father clause. UK gov won this.
2) NHS (state heath system) discriminated against those with UK work visa without "indefinite leave to say". That is called a Highly Skilled Migrant Programme.
For comparison with US system
indefinite leave to say == green card. Much easier to get in UK, wait time fixed at 5 years (up from 4).
Highly Skilled Migrant Programme == H1B H4 and L1 L2 but I think like having an EAD also.
I wonder given this ruling if those affected can now sue the NHS (National Health Service) over this for compensatory damages.
nixstor
07-01 01:26 PM
I am not sure if I am reading this right or not, go this page
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/06) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
Guys,
Can some read the SOP in the above quote and figure out what they are trying to say?
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/06) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
Guys,
Can some read the SOP in the above quote and figure out what they are trying to say?
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franklin
07-13 03:28 PM
Dont we need to wear saris and dhotis , we are followers of Gandhian principles ?
We may follow the principles, but we are not all Indian. There will be a significant non Indian presence at the rally.
Please guys, I love your enthusiasm, but lets not confuse the people attending the rally :) You've now made me think for about 30mins about what I should wear tomorrow!
Official dress code, and presentation will be posted in the main thread shortly.
Trust me, we plan to make this one VERY different than illegal rallies.
We may follow the principles, but we are not all Indian. There will be a significant non Indian presence at the rally.
Please guys, I love your enthusiasm, but lets not confuse the people attending the rally :) You've now made me think for about 30mins about what I should wear tomorrow!
Official dress code, and presentation will be posted in the main thread shortly.
Trust me, we plan to make this one VERY different than illegal rallies.
more...
Jaime
08-17 01:01 AM
The HSMP looks very attractive if you don't know the details. Yes, you get a visa even without a job offer but they give you only one year to find a job. After 1 year in the UK you'd better have a job or you will most likely send you back to your home country (you go through a government review after 1 year). Of course, if you find a good job during that first year you should be OK.
The pro I see in this is that if you are patient and work for 5 years in the UK you will get your EU passport and yo now have mobility to other parts of Europe where the IT and other industries might be better (like Ireland)
The pro I see in this is that if you are patient and work for 5 years in the UK you will get your EU passport and yo now have mobility to other parts of Europe where the IT and other industries might be better (like Ireland)
nabs501
07-19 07:40 PM
I work in CA, my I140 is approved from NSC.
But the lawyer sent the 485 to TSC.
I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC
Employment-based adjustment of status.
File all employment-based adjustment of statusapplications at the following address:
USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485
This includes an employment-based Form I-485filed concurrently with a Form I-140, ImmigrantPetition for Alien Worker, and an employment-based Form I-485 filed based on a pending or anapproved Form I-140. To facilitate acceptance andprocessing of Form I-485 when Form I-140 hasalready been approved, submit a copy of the I-140approval notice. If Form I-140 is pending, submitcopies of the Form I-140 receipt notice and thepage of the DOL labor certification showing thepriority date (if labor certification is required) or acopy of the Form I-140 receipt notice (if laborcertification
Did my lawyer screw up?
But the lawyer sent the 485 to TSC.
I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC
Employment-based adjustment of status.
File all employment-based adjustment of statusapplications at the following address:
USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485
This includes an employment-based Form I-485filed concurrently with a Form I-140, ImmigrantPetition for Alien Worker, and an employment-based Form I-485 filed based on a pending or anapproved Form I-140. To facilitate acceptance andprocessing of Form I-485 when Form I-140 hasalready been approved, submit a copy of the I-140approval notice. If Form I-140 is pending, submitcopies of the Form I-140 receipt notice and thepage of the DOL labor certification showing thepriority date (if labor certification is required) or acopy of the Form I-140 receipt notice (if laborcertification
Did my lawyer screw up?
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thomachan72
06-11 06:10 PM
I strongly feel that CIR should be brought back and our amends included by our lobbying. Next time CIR is brought back, I am sure favorable amends for H1b GC applicants will be included/debated. I am only concerned about why there are no updates from the IV core group so far. Lets hope the lobbying firm that IV has hired is keeping track of the "behind the doors" discussions to make CIR more pleasing to those who voted against the closure of vote.
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GC_1000Watt
01-24 09:05 PM
Thank you very much and I sincerely appreaciate advices from all of you. Can some one please claify some other question i have on this topic. Any inputs means a lot to me.
USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.
1. If my employer is filing new H1 application why i should go with premium processing? why not regular.
2. Am i out of status now?.
3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.
Thanks in advance.
Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.
I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.
1. If my employer is filing new H1 application why i should go with premium processing? why not regular.
2. Am i out of status now?.
3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.
Thanks in advance.
Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.
I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
more...
pd_recapturing
08-22 03:47 PM
Ruchigup, Are you sending AC21 document? I am also leaving my current employer and taking AC21 route. I am retaining my lawyer. He is supportive and hopefully, will not ask retainer fee as he knows that i paid all my gc cost.
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
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sanin
01-16 05:51 PM
Hi,
I was working with company A since June to Dec 07. and Now I got offer with company B which they are filing my H1 transfer.
but i dont have the last 2 months (Nov & Dec) paystubs from company A (have paystubs from June to Oct). because my employer always give me latest 2 months the paystubs but i have proof of Bank Acccount mentioning the payroll information in bank account for month of Nov & Dec 07.
So does the Bank Account statement will be valid for H1 transfer ?
Please reply me ASAP.
sanin.
I was working with company A since June to Dec 07. and Now I got offer with company B which they are filing my H1 transfer.
but i dont have the last 2 months (Nov & Dec) paystubs from company A (have paystubs from June to Oct). because my employer always give me latest 2 months the paystubs but i have proof of Bank Acccount mentioning the payroll information in bank account for month of Nov & Dec 07.
So does the Bank Account statement will be valid for H1 transfer ?
Please reply me ASAP.
sanin.
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ca_immigrant
07-25 07:49 PM
Folks,
What is the best and most cost effective way to send some money home ?
Till last year I was using the service from icici and was under the belief that the exchange rate was pretty decent. the service I believe was never free as they make up for service fee though the exchange rate.
Today for example when I check on icici it says they will give a rate of 47.63 per $ which I believe means around half a rupee less per $ ?
so for $1000 they are essentially charging Rs 500 (aound $10)
I beleive previously they were giving around 25 paise less per $ and now it looks like it is 50 paise less per dollor ?
Western union charges $15 and also gives a lower exchange rate than icici.
So would that mean ICICI isthe best cost effective one ?
Ideas ?
Thanks,
What is the best and most cost effective way to send some money home ?
Till last year I was using the service from icici and was under the belief that the exchange rate was pretty decent. the service I believe was never free as they make up for service fee though the exchange rate.
Today for example when I check on icici it says they will give a rate of 47.63 per $ which I believe means around half a rupee less per $ ?
so for $1000 they are essentially charging Rs 500 (aound $10)
I beleive previously they were giving around 25 paise less per $ and now it looks like it is 50 paise less per dollor ?
Western union charges $15 and also gives a lower exchange rate than icici.
So would that mean ICICI isthe best cost effective one ?
Ideas ?
Thanks,
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ocpmachine
06-17 12:26 PM
Thanks yganreddy for your input. It might help.
In my case, the X Ray shows nothing - so I am all clear on that.
My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.
I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).
EB3June03,
Its upto the doctor's discretion to accept an old TB skin test(PPD), my doctor did not consider the old test results, she recommended taking a new PPD test as the test is a snapshot test which indicates the state as of the time of the test and you might be infected with TB since the last test.
Also, there is a new test as mentioned earlier called Quantiferone-Gold test (QFT-G) which provides better test of TB. However, this test is NOT certified by USCIS.
Just for clearing the doubt, you can take QFT_G test, if QFT-G result is +ve then you need to undergo treatment, if x-ray is clean and QFT result �ve you are clear of TB. My QFT-G came back as �ve and clean X-ray, however my 693 form was marked �Class B Latent� due to PPD result > 10mm, I am not taking treatment due to �ve QFT but keeping all the paperwork to respond in case of future RFE.
Disclaimer: I am not a Doctor/Lawyer.
In my case, the X Ray shows nothing - so I am all clear on that.
My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.
I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).
EB3June03,
Its upto the doctor's discretion to accept an old TB skin test(PPD), my doctor did not consider the old test results, she recommended taking a new PPD test as the test is a snapshot test which indicates the state as of the time of the test and you might be infected with TB since the last test.
Also, there is a new test as mentioned earlier called Quantiferone-Gold test (QFT-G) which provides better test of TB. However, this test is NOT certified by USCIS.
Just for clearing the doubt, you can take QFT_G test, if QFT-G result is +ve then you need to undergo treatment, if x-ray is clean and QFT result �ve you are clear of TB. My QFT-G came back as �ve and clean X-ray, however my 693 form was marked �Class B Latent� due to PPD result > 10mm, I am not taking treatment due to �ve QFT but keeping all the paperwork to respond in case of future RFE.
Disclaimer: I am not a Doctor/Lawyer.
more...
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bluez25
10-29 07:00 PM
adds,
I understand your frustation since you might be one in the queue waiting for so long for GC, that dosnt mean that you are brave and other person not able to make a decision is chicken. Please respect each other and thats what we all do...
Please try to answer his questions since he is struggling to take a decision, if not please ignore and move on buddy...
SSH1... I think as other experts say in lot of other threads , there is no absolute law that you need to stay with the employer after getting GC.
You should be fine since everyone in this world can understand that this is a downstream period and lot of layoffs are happening..with that being the situation you should not worry now... stick where u get job and can survive.... Good Luck...
I understand your frustation since you might be one in the queue waiting for so long for GC, that dosnt mean that you are brave and other person not able to make a decision is chicken. Please respect each other and thats what we all do...
Please try to answer his questions since he is struggling to take a decision, if not please ignore and move on buddy...
SSH1... I think as other experts say in lot of other threads , there is no absolute law that you need to stay with the employer after getting GC.
You should be fine since everyone in this world can understand that this is a downstream period and lot of layoffs are happening..with that being the situation you should not worry now... stick where u get job and can survive.... Good Luck...
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aquarianf
06-25 10:22 AM
As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
Wait till 1st July. My friend who send his application on 29th May still waiting for receipt number but other friends who filed in June first week got their receipt number.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
Wait till 1st July. My friend who send his application on 29th May still waiting for receipt number but other friends who filed in June first week got their receipt number.
more...
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noone2day78
02-10 07:00 PM
Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
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Scythe
12-02 04:25 PM
Are you not allowed to vote for yourself?
EDIT: Oh, right, I forgot about your plan to wait and see which one of yours you should vote for.
EDIT: Oh, right, I forgot about your plan to wait and see which one of yours you should vote for.
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linuxra
07-23 02:31 PM
I got an rfe on employment v l and history of 5 year in oct 2009 replied dec 2009
after that no update?how abt u?
after that no update?how abt u?
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kumjay
06-28 03:37 PM
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
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b2visahelp
07-09 04:41 PM
1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
rajpatelemail
12-15 09:31 AM
I am lil bit concerned how his spouse I485 eill be dealt.
With AC21/H1transfer , i guess her status is also fine.
With AC21/H1transfer , i guess her status is also fine.
kumar1
12-05 02:04 PM
Mita, before you start your lecture, please explain your following idiotic comment....
You made my day!!!!
I was waiting for someone to spit venom at timesofindia but did not happen till today.
You made my day!!!!
I was waiting for someone to spit venom at timesofindia but did not happen till today.
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