hoolahoous
04-07 10:57 PM
I depends on you, how much risk you want to take ... I can tell what happened with me ....
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
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ThinkTwice
07-09 08:11 PM
Please be present and get some shots and videos if possible ..(please confirm that you can take pictures etc) .. it would be great, we in other areas would like to get a glimse of how this whole thing went down...
uma001
03-26 02:13 PM
90 K
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BMS1
09-25 01:10 PM
"july 12 2007" will be the important date. It will be there as an USCIS stamp in the App. You can re-submit this app in Oct 2007 even if there is no visa available for your PD in Oct, 2007. It will be treated as if it was received on "july 12 2007".
more...
bpratap
08-18 04:33 PM
I don't think Address change (AR 11) will invoke any RFE.
It will definitely get a LUD on the i-485, as its referring the address change to I-485
I have changed address twice in the last 2 years, filing AR-11 online. Its quite straight forward and simple.
Please don't be scared to move ur Apartments / home due to pending I-485
It will definitely get a LUD on the i-485, as its referring the address change to I-485
I have changed address twice in the last 2 years, filing AR-11 online. Its quite straight forward and simple.
Please don't be scared to move ur Apartments / home due to pending I-485
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TexDBoy
02-06 03:48 PM
I have not done that. I do have EAd and AP so dont know if i will do it. But prior to this when i got promoted earlier i have not applied for an admendment.
ok ...
I guess if you use EAD and not inform USCIS about the promotion and reply to AC21 RFE (if at it comes asking for employment letter and job duties), you should be fine replying it.
However, if you use H1B, then your AC21 RFE comes and you submit a profile that is different than that of H1B, then USCIS can question that discrepancy.
I am not sure they will do that ... but just a suggestion .. I might be wrong ..
ok ...
I guess if you use EAD and not inform USCIS about the promotion and reply to AC21 RFE (if at it comes asking for employment letter and job duties), you should be fine replying it.
However, if you use H1B, then your AC21 RFE comes and you submit a profile that is different than that of H1B, then USCIS can question that discrepancy.
I am not sure they will do that ... but just a suggestion .. I might be wrong ..
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msp1976
02-26 04:20 PM
can she accept fellowship on H4?
I doubt it...Ask the school the question...Schools nowadays have dedicated international students services....
Any type of work is not acceptable on H4...Fellowship would constitute work..Wouldn't it ???....
I doubt it...Ask the school the question...Schools nowadays have dedicated international students services....
Any type of work is not acceptable on H4...Fellowship would constitute work..Wouldn't it ???....
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RRG
07-11 05:46 PM
Now that we have the people aware through Flowers, we can go for the big kill.
Advertize in Newspapers in D.C., State capitals or National newspapers
We can contribute ti IV and IV can advertize.
Half page ad with facts, events and Rep. Lofgren letter.
Nothing works better than mass media awareness
What do you think IV?
Advertize in Newspapers in D.C., State capitals or National newspapers
We can contribute ti IV and IV can advertize.
Half page ad with facts, events and Rep. Lofgren letter.
Nothing works better than mass media awareness
What do you think IV?
more...
fittan
07-13 12:17 PM
Just joined this board 30 minutes ago. I've signed and sent this petition.
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gopikrishnayr
09-07 10:34 AM
I just spoke to my attorney and according to him there might be other repurcussions if I block the check. It seems he has heard cases where Federal govt can do proceedings against you for blocking a check and you might end up paying more. Did anyone block their checks sucessfuly and not get into any issues.
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hebbar77
09-10 12:28 PM
MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
My case looks same as urs! thanks for writing.
I just hung up with USCIS before I read this.
first person transferred the call to someone else , that person gave me an email address to forward the earlier SR response and explain the problem!
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
My case looks same as urs! thanks for writing.
I just hung up with USCIS before I read this.
first person transferred the call to someone else , that person gave me an email address to forward the earlier SR response and explain the problem!
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gsc999
05-22 11:59 AM
I had the same issue last year. Per their website
(https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.
I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.
Below are the helpline numbers when calling from outside India:
If you are calling from outside India, please call us at +91 44 4231 6767
Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
E-mailed queries are responded to Monday through Friday, within two working days.
(https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.
I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.
Below are the helpline numbers when calling from outside India:
If you are calling from outside India, please call us at +91 44 4231 6767
Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
E-mailed queries are responded to Monday through Friday, within two working days.
more...
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mammoy2k
09-21 07:11 PM
Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
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tabletpc
11-09 03:52 PM
Vikki76,
Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.
Ganesh_Sholapur:
Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.
1. Do i need to go for stamping in Canada or Mexico
YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.
2. Can i work for company B with my H1B approval.??
No you cannot.
3. To start my new job, do my employer should change my status
Once you return back from india, your status automaticaly changes to H1b.
4. If going for stamping do my dependents also should join me.
yes, all should leave the country before u r L1 expires.
Hope my responses helped you...
My quires are.
1. Do i need to go for stamping in Canada or Mexico
Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.
Ganesh_Sholapur:
Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.
1. Do i need to go for stamping in Canada or Mexico
YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.
2. Can i work for company B with my H1B approval.??
No you cannot.
3. To start my new job, do my employer should change my status
Once you return back from india, your status automaticaly changes to H1b.
4. If going for stamping do my dependents also should join me.
yes, all should leave the country before u r L1 expires.
Hope my responses helped you...
My quires are.
1. Do i need to go for stamping in Canada or Mexico
Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
more...
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kris04
11-12 09:33 PM
while porting the Job through AC 21 one have to keep in mind that USCIS have not brought any regulation to date, though occasionally there are some chatter from AILA that USCIS will bring it pretty soon. After porting the job and regulation is passed, it will be applied retroactively and in some case could seriously affect those AC 21 cases that do not meet the regulation strictly. I have seen in several post from each person about risk in getting RFE after porting the job, but never consider the potential impact of any regulation passed by USCIS(yeah we know these guys are too lazy :)
HTH
kris
PS: I have done AC 21 successfully in my case and got my GC approved without any RFE
HTH
kris
PS: I have done AC 21 successfully in my case and got my GC approved without any RFE
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Aah_GC
06-25 06:21 PM
You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.
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devan
11-17 11:15 AM
sudiptasarkar, they gave one month time to respond the RFE. Also, i got the format from my attorney and i believe you could get the affidavit sample in the .
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priderock
05-15 01:28 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
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a_yaja
01-02 09:35 AM
Hi,
My first passport was issued on mar 31 1998..with expiration date of 30 mar 2008. I lost this passport and one more (obtained thru tatkal in india) and the latest passport (also issued thru tatkal in india) has issue date of 1 nov 2003 with expiration date of 30 mar 2008 (same expiration date as the original passport).
My question is should i be applying for passport renewal or a new one at Indian consulate SFO (i stay in that jurisdiction)
If renewal, will they just endorse the new expiry date as 30 mar 2018 (i.e will i get back the same passport)?
Pls clarify this?
Regards
New Passport or Renewal depends on your current passport. If there is an "(F)" after the expiry date of your passport, then you will have to apply for a new one. Otherwise you can renew the existing one. Even if you get a new one, the consulate will return the old one - and you can carry both passports if your old one has a valid visa. I am not sure if renewal will result in a new passport copy or if they will just change the date in the existing passport. After coming to the US, I could only apply for a new one as I could not renew my old one (old one was applied for when I was below 18 yrs old). At that time, I carried both my old passport with F1 stamp and new passport untill I got H1 stamped in my new passport. The new passport I got back in 1997 was valid for 20 years (expires in 2017).
My first passport was issued on mar 31 1998..with expiration date of 30 mar 2008. I lost this passport and one more (obtained thru tatkal in india) and the latest passport (also issued thru tatkal in india) has issue date of 1 nov 2003 with expiration date of 30 mar 2008 (same expiration date as the original passport).
My question is should i be applying for passport renewal or a new one at Indian consulate SFO (i stay in that jurisdiction)
If renewal, will they just endorse the new expiry date as 30 mar 2018 (i.e will i get back the same passport)?
Pls clarify this?
Regards
New Passport or Renewal depends on your current passport. If there is an "(F)" after the expiry date of your passport, then you will have to apply for a new one. Otherwise you can renew the existing one. Even if you get a new one, the consulate will return the old one - and you can carry both passports if your old one has a valid visa. I am not sure if renewal will result in a new passport copy or if they will just change the date in the existing passport. After coming to the US, I could only apply for a new one as I could not renew my old one (old one was applied for when I was below 18 yrs old). At that time, I carried both my old passport with F1 stamp and new passport untill I got H1 stamped in my new passport. The new passport I got back in 1997 was valid for 20 years (expires in 2017).
waiting4gc02
06-19 12:44 PM
EAD/AP's dates are back to normal ( ~90 days)
So, stop panicking ppl..
For once, USCIS, fixed there error ..fast enough..!!!
Cheers..
So, stop panicking ppl..
For once, USCIS, fixed there error ..fast enough..!!!
Cheers..
RRG
08-14 04:39 PM
I am on H1B. Got Prudential 10 year term life 2 years ago. I pay 26$ per month for 400K $. I am 35 plus years of age, non smoker. I pay higher premium due to bp. A visiting doctor from Prudential came and examined me at my residence prior to accepting my insurance application.
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