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  • qplearn
    10-09 04:57 PM
    yes!!

    with AC21, you do not have to do the whole thing again......... that I am sure of!!
    Does the job title have to be same? What if there is a promotion involved, i.e., the new job title is at a higher level? Will USCIS accept that?





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  • sodh
    07-12 03:46 PM
    I applied for H1B extension in october 2006 as my H1B was about to expire in December. After five months of applying, got an RFE in Febraury 2007 . My employer replied to the query in Mid March 2007. My employer was reluctant to do a premium processing when he replied the query, saying that he doesnt want to take any risk. CSC transfered my case to Seattle, WA field office ( the field office is no where near my employers physical location, not even close to where I live) on April 4th. I guessed that its because of new H1 petitions filed in April. Its been more than 3 months and no action taken on my petition. We tried to convert into premium processing, but the field office rejected it saying they dont accept premium processing in their jurisdiction. So nothing else to do but to wait wait wait. Total time passed since my initial petition in OCtober ( 9 months).

    My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.

    I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.

    My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until october 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.

    I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they dont deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petetion Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.


    Any valuable suggestions would be appreciated.

    Thanks
    What jurisdiction mumbo jumbo are they giving your pp is still valid in all states in the US for H1-B.





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  • Pagal
    02-25 01:04 PM
    They might thinking to deport you asap!!!!!!!! Just kidding!!! I dont have much hope from these guys. My finger print medical expired last year and I didn't get any letter or call.

    Anyway having + Attitude and is good thing.

    :)) Good one! I know...won't be surprized to see that happen either! :))





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  • manderson
    12-03 03:44 PM
    better ask a lawyer if its okay to take 2nd job on EAD but file for AC21 after Feb 08.

    good luck

    Gurus,

    Here is my situation:
    I-140 approved - PD: May '06
    I-485 filed - July 30 '07 (India)
    EAD cards - Received
    APs - Received

    Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.

    I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!



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  • kumhyd2
    07-19 07:38 PM
    I think this needs to be pushed to the front as in a typical scenario, most of the guys are single and are expecting to get married once they have their career settled (Get GC). Else the situation is choose

    Spouse

    or

    GC





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  • jsb
    07-23 03:46 PM
    My case status online does not say anything about when it was received. It just says, "This case is now pending at the office to which it was transferred.". There is so much ambiguity at USCIS that it takes tons of reading / pulling hair just to understand what they mean. They have transferred my case three times. First of all there should be a reason for it (no reason makes it you wonder why ??) , then if they keep transferring it from one center to another, does that mean that the "received date" will be changing for ever and the case will never be processed ? I think USCIS should be accountable for that.
    basbawa10, Well, why they are transfering your case back and forth can only be explained by them. Very fact that your case has been transfered around suggests that somebody has seen your case. Procedures described in link mentioned above, has a protocol on determining proper processing center, which has a complex formula based on state of residence, center approving I-140 etc. If your I-140 was approved by one center, and if in the meantime you moved to a state in different center jurisdiction, or USCIS changed jurisdictions, it might have created ambiguity on who should deal your case. Back and forth transfer suggests that centers are not agreeing on who should deal with your case. You may want to try an Infopass, which would let you know if your case is preadjudicated. If so, you just need to wait for PD to be current again.



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  • pappu
    11-13 05:23 PM
    I have not been laid off and I don't have problems finding jobs; in fact my company has asked me to search for one more person with a background similar to mine. However I have been limited by the requirements of AC21. I was toying with the idea of leaving the country; but cannot sell my primary residence and might have problems obtaining a visitor visa for re-entry (to close on the house). I was seriously considering investing in some more real estate; but am holding back due to the random AC21 denials. I want to start my own business since I finally got my EAD this year - but with all the uncertainity of AC21 case approvals, I am not willing to put personal resources into a business in this country. Currently I am working on starting a free workshop for investment in my community - which will stop if my I-485 is denied in case my former employer revokes my I-140 (and yes; I did send in the letters for AC21). I have registered my dog with therapy international and volunteer my time for various causes (cabin repair, trail maintenance, public education) and donate regularly to the fire and police - all of these will take a hit if I have to leave.
    I wonder what the reporter will conclude if he/she talks to immigrants who have lost jobs and have trouble finding new projects........
    Anyway, let me know if I can be of any help.

    Pls email your contact information.

    No anonymous members please. I got a couple of private messages willing to be interviewed but asking to be anonymous.

    IV has been always on the forefront of this struggle for legal immigrants. We have also openly walked on the streets for this cause. We are well educated and not illegal. So what is the fear? Only illegals live in the shadows. I cannot understand why some people want to stay anonymous.

    I cannot also understand why only a couple of people responded till now. There used to be so many threads with ideas on housing, layoffs and economy. I remember a thread where someone asked IV's plans and said that we should talk to the media. We need everyone when there is an opportunity in the national media to present our case.





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  • ras
    03-16 02:19 PM
    Employees should be particularly wary of having their adjustment applications handled by the employer�s attorneys. If there is a dispute between the employer and employee, as when the employee terminates employment and moves on, there is an inherent conflict of interest. The attorney may continue to represent both side, but only if the conflict is disclosed and explained, and both sides explicitly consent to waive the conflict.

    Similarly, the employer�s attorney must provide the employee with complete copies of everything filed in connection with the employee�s application for adjustment of status. This application is personal to the employee and has nothing to do with the employer. If the employer�s attorney files the employee�s adjustment application, he or she is acting on behalf of the employee and owes the employee a fiduciary duty of loyalty. If the CIS issues a request for evidence (RFE) or notice of intent to deny (NOID), the attorney must act in the best interests of the employee if he or she undertakes to respond.

    Unfortunately, many employer attorneys see their first loyalty to the employer and not to the employee. If you are uncomfortable having your employer�s attorney represent you, you have the right to change lawyers and retain someone on your own.



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  • eager_immi
    01-25 10:24 AM
    Do you have a better way of increasing contribution?

    Anyways anyone can check people's contribution by looking through all the posts made by a user by clicking on "find all posts by user". It is possible but requires little bit of digging.

    It does not do any good. In my opinion.





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  • CantLeaveAmerica
    06-18 07:05 AM
    Besides not signing this so called contract

    If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.

    Non solicitation clause should state a time frame - but otherwise most contracts have them

    And as long as this is a new or potential employer - its a nice red flag to stay out

    Yes, I am in concensus too of the above statements.



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  • thomachan72
    05-25 04:29 PM
    congradulations raju.
    the surprising part is that your PD is Nov 04 and the current PD is Jan 2000. How come your case was worked and approved? good for you but just curious. Also in this same thread Reddog has a PD of March 04 and has probably not got this news yet? If u c this Reddog pls confirm





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  • Marz
    12-31 12:49 AM
    I've just gotta know...

    How long did it take you to make that Soul?!

    Being pixel art.. I'm guessing 6-8 hours... Wow.. It's impressive..

    As for beta.. Yours is also great.. I chose Soul's for the idea.. More depth..

    Still better than I can do with pixels.. I don't have the time to dela with em.. And I would just get frustrated..

    You should submit a cool park entry for KirupaVille on the main "random" section of the site Soul..

    Peace Guys and Good Jobs



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  • snathan
    03-29 04:06 PM
    Hi Guys,

    I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.

    He ask me that what could be the best way to avoid this fees , some of the option that we thought about,

    1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?

    2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer

    3)If US client utilize remit2india, ICICI to transfer money which I highly doubt

    I appriciate your responce on this.

    #1 - he would not be able open the account here without SSN/EIN and need to pay the tax here if register his company here. Corporate tax rate is 35-39%

    he is better off with 4%





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  • Karthikthiru
    07-10 09:20 AM
    Carl Shusterman says that State Department's Charles Oppenheimer indicating that there will big advances for EB2 China & India. Hopefully it is true

    Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (http://www.shusterman.com/)



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  • logiclife
    04-20 05:20 PM
    I was just thinking if it would help to gain more publicity if this site goes by a different name. On several instances while calling lawmakers or other people, the moment I mention immigrationvoice.org they think it is related to Illegal immigration / CIR etc. I need to stress that it is about legal immigration.


    Even the flyers don't catch enough attention
    Any name that does not have immigration in it (something like numbersusa), and reflects our main focus - green card retrogression and legal immigration would help - Just a thought...

    That is a good point.

    But now its too late. Changing names means:

    1. We have to change names everywhere, including the name in the registration of the organization in New Jersey where its registered as non-profit, name change in other places like IRS where we got approved as a non-profit organization for tax purposes, in next year's tax return, etc.

    2. Changing names in other reports we file at Federal Govt.

    3. Letting all offices and other org we are working with know about this.

    You would be surprised how much awareness and knowledge is there about Immigration Voice in the staff of various Senators and senior house members. Most of the Judiciary counsel staffers know about immigration voice. Since so much work has gone into building the name-recognition .... A VERY IMPORTANT ASSET... it would be tough to transfer all the name recognition to a new name.





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  • crazy_apple
    07-14 08:24 PM
    Hello,

    I am sure others might have noticed that 485 processing dates at NSC (for example) have literally crawled from the beginning of the year to now. Here are the processing dates (per USCIS status).

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    12/15/2007 Status - 04/24/2007
    01/15/2008 - 07/19/2007
    06/15/2008 - 07/28/2007

    Thats roughly 9/10 days worth of 485 processing from mid-Jan to mid-Jun 2008. I wonder what the processing date looks like for the mid-July status update (which should probably be out tomorrow).



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  • greencardfever
    02-18 08:27 AM
    Thanks a lot for all your answers!





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  • Canadian_Dream
    10-19 02:15 PM
    That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
    Also, an approved extsnsion with the new employer is by no means a approval of your valid status. Simply speaking, there are various H1B approvals granted "that were approvable at the time of application". This doesn't mean that status is valid for the entire duration, one has to maintain the status by keeping the job etc and meeting the other requirements of approved H1B petition. That's true for extensions too it MIGHT be valid/approvable at the time of filling when your I-140 was approved and not revoked. If revoked you could be potentially out of status if indeed that was the CONDITION of the approval.
    Unless we know that CONDITION of approval (it could be unconditional approval too but it must be stated) we are not sure. If the USCIS later clarifies that CONDITION it could be applied retroactively and that means one is out of status during the whole time after the I-140 was revoked.
    I am not saying this will happen but it is essential to find out the CONDITION of apporval whatever it may be.

    The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
    Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..

    As long as USCIS does not release any regulations...We can do this ....
    If asked officialy some attorneys say that it cannot be done and some are fine with that...

    Immigration laws are kind of applied sporadically and can be pushed to a certain extent





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  • IntezarGCKA
    02-22 10:27 AM
    I dont know how far this bill will get, given the facts that it has weaker workplace enforcement laws plus a direct path to citizens. This is exactly what the Republicans dont want.

    I dont know much about the bills, but I agree with Nat23 because the post mentiones weaker enforcement laws. I have a feeling that this will not clear from Senate to be forwarded to the house.

    Americans need touch reforms, president has mentioned no amnesty in his
    unions speech





    gjoe
    08-14 07:22 AM
    We should put our previous agenda of recapturing of unsed visas, increasing visa numbers for EB, excluding family members from being counted in the quota and lifting per country limits in the back burner.
    At the moment we should demand that USCIS release the real data of pending I485 application for FB and EB categories instead of the lame DOS visa bulletin they release every month. This data should include the number of application received every month for each of the category for the last 10 years because we have people from 1998 still waiting for their GC. I repeat "WE HAVE TO DEMAND". Once we get USCIS to disclose this information we can make our own personal plans.
    Without the correct data we are just shooting in the dark. The basis of our ageda itself is not on solid foundation without proper data.

    DEMAND FROM USCIS FOR THE PENDING I485 application stats and we will find an answer to all out problems





    eb3_nepa
    02-27 10:25 AM
    A bit melodramatic, but i can relate to that. I lost one of my parents to this "US dream". But that is my personal problem.



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