mohican
02-14 04:36 PM
How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?
Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?
I have an d MTR in the works in TX service center and trying to find how long they are taking these days.
Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?
I have an d MTR in the works in TX service center and trying to find how long they are taking these days.
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iwantmygcnow
10-15 04:06 PM
Thank you
a_yaja
12-16 05:45 PM
Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).
You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).
Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.
Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).
You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).
Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.
Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).
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mdipi
10-20 07:55 PM
how did you do that swirly thing?
more...
yabadaba
06-30 04:07 PM
sanju,
CIR is dead. no point flogging a dead horse. right now we are just trying to gather information and facts...by calling this guy names will not help anything. i know he has been ostracized on IV a whole lot for what happened at the guiterrez rally. but let bygones be bygones... cir is dead..no point blaming him for it
CIR is dead. no point flogging a dead horse. right now we are just trying to gather information and facts...by calling this guy names will not help anything. i know he has been ostracized on IV a whole lot for what happened at the guiterrez rally. but let bygones be bygones... cir is dead..no point blaming him for it
rviswa2007
07-14 01:54 PM
I sent my EAD extension documents on 7/9 via FedEx to Nebraska. They recvd it on 7/11 morning and got signature proof. Can you please let me know how many days it take for the check to be encashed? This will be helpful. Thanks!!
For private courier (non usps deliveries) there is different address please see in the Instruction on completing I-765 form on USCIS website.
I send my application via fedex today to following address..
For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
For private courier (non usps deliveries) there is different address please see in the Instruction on completing I-765 form on USCIS website.
I send my application via fedex today to following address..
For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
more...
addsf345
10-22 06:18 PM
I was eligible for EB-2 but as company wouldn't file any case in EB-2.
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
Thank you "KabAyegaMeraGc". However one thing I don't understand why the consular processing?
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
Thank you "KabAyegaMeraGc". However one thing I don't understand why the consular processing?
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krupa
04-29 03:24 AM
I do not think that you have any issues to work on W2 with an end client or with any other consulting company. Since you have completed six months period with your present employer, who supported to file GC , from the date filing I 485, there should not be any issues at all. Also filing AC21 is optional. If you are on bench your first option should be to find a project ASAP.
Why do you do not want to file AC21, do you have any apprhencion or any specific reason ?
Regarding your first question : QUOTE [Could any one please answer my questions about my RFE on I 485?]
Many applicants got same RFE. I believe no body knows accurately reason for this type of RFE. There may be valid reason for this type of RFE , that 485 applicant is on bench for a long period , left USA surrendering I94 , Employer might have cancelled H1 visa and even some applicant got RFE without of any of these reasons.
Why do you do not want to file AC21, do you have any apprhencion or any specific reason ?
Regarding your first question : QUOTE [Could any one please answer my questions about my RFE on I 485?]
Many applicants got same RFE. I believe no body knows accurately reason for this type of RFE. There may be valid reason for this type of RFE , that 485 applicant is on bench for a long period , left USA surrendering I94 , Employer might have cancelled H1 visa and even some applicant got RFE without of any of these reasons.
more...
GoneSouth
03-21 10:40 AM
Hi Nickhil,
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
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sam_hoosier
05-18 01:13 PM
I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
Dont look at VA - commute to MD will be killing.
DC is expensive.
Look at Frederick, Gaithersburg, Rockville, Bethesda in MD
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
Dont look at VA - commute to MD will be killing.
DC is expensive.
Look at Frederick, Gaithersburg, Rockville, Bethesda in MD
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Jaime
09-12 01:55 PM
Who do you know?
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vxb2004
05-31 05:53 PM
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
more...
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lazycis
06-06 01:02 PM
I had 1 year contract for employment and I was not paid regularly. Also they were deducting money for health insurance which I didnot receive.
So I left company and they didnot pay me money. I had one year contract or 10000 USD fine.
iI donot work for them since 2005. I have time sheet signed by client and email from vendor to confirm that they paid my money to employer.
Can i go to labor and complain ? Will they ask me to pay back 10k ?
Read this case
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
You certainly can recover your salary. They cannot ask you to give back 10G because such clause is unlawful and is null.
So I left company and they didnot pay me money. I had one year contract or 10000 USD fine.
iI donot work for them since 2005. I have time sheet signed by client and email from vendor to confirm that they paid my money to employer.
Can i go to labor and complain ? Will they ask me to pay back 10k ?
Read this case
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
You certainly can recover your salary. They cannot ask you to give back 10G because such clause is unlawful and is null.
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GCDo
04-24 12:33 AM
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
more...
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drirshad
10-12 08:09 PM
This vaccination is for ladies only and in age group 11 to 26, that really means only 5% of Indians will be effected with the wait times we have been looking at.
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uslegals
11-04 12:31 PM
Can somebody please advice reg. this..Thanks!
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zCool
05-17 07:27 PM
you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
have proof of documents for all the facts
and then go file in one of the federal courts..
have proof of documents for all the facts
and then go file in one of the federal courts..
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mabuhay
12-29 09:03 PM
My friend and I, filed our respective H1B extension in June 2007. We were both expecting only a 1-year extension since our I-140s have been pending at Nebraska SC since December 2006. He received his H1B extension approval (3 years) in October and I received mine first week of December. Despite both I-140s pending, we both got 3-year extension! We are both very happy because the ;)approval saved us a lot of money. Both of us filed I-485 in July.
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nixone
08-27 10:03 AM
Thanks chantu and fresheb2.
I have one more question regarding plane tickets. My parents bought ticket that has OPEN RETURN DATE, but the maximum validity of the ticket is SIX months.
They do not know the exact date when they are going to return and they also do not know how long the stay permit will be given to them (even though I have heard that normally 6-month stay is given). Now some people are saying that the Officer at Port of Entry does not like when there is no specific date of return.
Do you guys think my parents need to change the ticket or they need to have the return date mentioned on the ticket (the date that we do not know yet)? They are flying in less than 2 days. Thanks.
I have one more question regarding plane tickets. My parents bought ticket that has OPEN RETURN DATE, but the maximum validity of the ticket is SIX months.
They do not know the exact date when they are going to return and they also do not know how long the stay permit will be given to them (even though I have heard that normally 6-month stay is given). Now some people are saying that the Officer at Port of Entry does not like when there is no specific date of return.
Do you guys think my parents need to change the ticket or they need to have the return date mentioned on the ticket (the date that we do not know yet)? They are flying in less than 2 days. Thanks.
Funky_Monkey
09-13 11:56 PM
Thanks for all your replies!
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
vamsi_poondla
03-22 09:47 PM
Thank you for your replies. I will try and see.
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