willIWill
04-08 02:46 PM
Couple of related questions.
1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?
2. Where to file, the Service center or Lock Box facility ?
1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?
2. Where to file, the Service center or Lock Box facility ?
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jliechty
May 18th, 2005, 09:39 PM
Sometimes it's hard to get the dust off the sensor with one cleaning. I've cleaned mine once so far, and it still has some dust. I need to get some compressed air so I can recharge my $3 "sensor brush" from walmart and clean the CCD again. ;)
slc_ut
01-16 10:38 PM
Hello,
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
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CADude
09-26 05:18 PM
You will get couple of July 2nd tracker under "Receipt tracker of 485, EAD and AP applications" category. USCIS forgot about few July 2nd filer or abandoned.
Hi, My application for I485 was received by Texas service centre. I have not received my RN and neither is my check has been cashed yet. I am confused looking at the online dates at www.USCIS.gov. Is there anyone who filled on 2nd of july and have not heard back from USCIS.
Thanks!
Hi, My application for I485 was received by Texas service centre. I have not received my RN and neither is my check has been cashed yet. I am confused looking at the online dates at www.USCIS.gov. Is there anyone who filled on 2nd of july and have not heard back from USCIS.
Thanks!
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pappu
07-20 05:10 PM
I asked this question several times, this is what the answer I got.
To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4
if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.
To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4
if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.
maverick_iv
11-27 02:03 PM
There were two ways to substitute a labor. One by applying for an I-140 with an approved labor certification. Another way was to substitute the beneficiary name in a pending labor certification application. Maybe thats what the company lawyer did.
For the latter, I am not sure if one needs the beneficiary's signature to do so. One way to check is to ask the company's lawyer for the case number and you could check the status. If the labor is pending with one of the BECs you could request for a screenshot of the case status and that would have the beneficiary's name. But since the BECs are being phased out, I am not sure if they still honor status requests.
My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
Thank you
For the latter, I am not sure if one needs the beneficiary's signature to do so. One way to check is to ask the company's lawyer for the case number and you could check the status. If the labor is pending with one of the BECs you could request for a screenshot of the case status and that would have the beneficiary's name. But since the BECs are being phased out, I am not sure if they still honor status requests.
My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
Thank you
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glus
05-31 09:02 AM
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03-13 08:32 AM
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ivar
03-31 05:16 PM
Hi All,
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
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wandmaker
10-13 02:40 PM
I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
there is no proof (valid labor) that you are eligible for EB2. since you labor is expired, there is no labor and you can not proceed with 140 - so they denied your 140
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
Correct
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
there is no proof (valid labor) that you are eligible for EB2. since you labor is expired, there is no labor and you can not proceed with 140 - so they denied your 140
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
Correct
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sunny
10-02 02:13 PM
I am not sure if the I-94 you receive along with your H1 approval means anything.
Also it’s your responsibility to hand over your stamped I-94 while leaving the country at the airport. When you arrive the new one you get in the plane will be stamped and should be used.
Also it’s your responsibility to hand over your stamped I-94 while leaving the country at the airport. When you arrive the new one you get in the plane will be stamped and should be used.
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ArunAntonio
05-31 04:55 PM
Now is the time to take action.
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bluekayal
06-22 05:41 AM
I know of cases where AOS person got laid off and tool unemployment. Remember, GC is for the future. So a letter from a future employer...or being employed as GC is being approved will help. My 2 cents...but check.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
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don840
04-03 06:06 PM
Have had unfortunate turn of events and need your guidance.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
more...
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gc_kaavaali
11-14 04:36 PM
^^^^^^^^^^^^bump^^^^^^^^^^^^^^^^^
who gave me red mark?
somebody gave red mark...what happened???
who gave me red mark?
somebody gave red mark...what happened???
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ssnd03
07-30 02:17 PM
Congratulations on your approval. Yor are really lucky and we envy you.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
Remember one and only one thing prevents FIFO (First in First Out) for I485 approvals and that is FBI name-check delays. I do not believe FIFO is not honored due to USCIS processing problems.
(BEC backlogs also inhibit GC FIFO but hopefully that will be over by Sep 2007)
This guy's security checks were cleared timely and he got a visa number as soon as they were available.
It is rumored that USCIS in last month assigned visa numbers to applicants without FBI security-check completion. However, these GCs will not be approved if FBI checks are not completed by Sep 30, 2007 and the visa numbers will be returned to DOS. Hence, it remains to be seen how many visa numbers will be wasted in FY 2007 despite the fact that the visa bulletin says U August onwards.
Next to retrogression, this is a serious problem. But the irony is that retrogression allows FBI to enjoy, at our cost, years of delay in doing their job. However, you can also be so unlucky that your name-check does not clear when years later your PD becomes current
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
Remember one and only one thing prevents FIFO (First in First Out) for I485 approvals and that is FBI name-check delays. I do not believe FIFO is not honored due to USCIS processing problems.
(BEC backlogs also inhibit GC FIFO but hopefully that will be over by Sep 2007)
This guy's security checks were cleared timely and he got a visa number as soon as they were available.
It is rumored that USCIS in last month assigned visa numbers to applicants without FBI security-check completion. However, these GCs will not be approved if FBI checks are not completed by Sep 30, 2007 and the visa numbers will be returned to DOS. Hence, it remains to be seen how many visa numbers will be wasted in FY 2007 despite the fact that the visa bulletin says U August onwards.
Next to retrogression, this is a serious problem. But the irony is that retrogression allows FBI to enjoy, at our cost, years of delay in doing their job. However, you can also be so unlucky that your name-check does not clear when years later your PD becomes current
more...
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learning01
03-28 01:33 PM
Straight I 485, EAD and AP filing, then aim for 6 months.
Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending for 6 months, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.
Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending for 6 months, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.
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wc_user
12-24 10:07 PM
Thanks
All said and done, isn't it safer to just get your H1-B stamped and come back using H1-B visa. This way, there is no doubt. I have an AP, but I am planning to get my H1-B visa stamped when I go to India in January.
All said and done, isn't it safer to just get your H1-B stamped and come back using H1-B visa. This way, there is no doubt. I have an AP, but I am planning to get my H1-B visa stamped when I go to India in January.
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gc070922
12-19 05:15 PM
Husband + Wife - 1 Application
Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
I'm thinking of doing the samething. Have you received receipts of both sets of applications? How about finger prints? Did you mention the earlier one in the later one, for the question "have you applied before" on the i485?
Thanks in advance.
Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
I'm thinking of doing the samething. Have you received receipts of both sets of applications? How about finger prints? Did you mention the earlier one in the later one, for the question "have you applied before" on the i485?
Thanks in advance.
Milind123
07-26 12:51 PM
spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
Good luck! Even if your lawyer is wrong, Nebraska will send the application to its correct destination.
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
Good luck! Even if your lawyer is wrong, Nebraska will send the application to its correct destination.
desibechara
06-20 01:03 AM
but what is notice of forward...in labor certification..the phone number is
written on the labor document..
PD 2001 Oct
TR..was about to convert it to RIR,,,but they started the process already..
DB
written on the labor document..
PD 2001 Oct
TR..was about to convert it to RIR,,,but they started the process already..
DB
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