EndlessWait
01-10 04:45 PM
So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '
thanks
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '
thanks
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kumar1
07-29 10:37 AM
d
kris04
11-25 08:06 PM
Hello,
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.
Good Luck
HTH
kris
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.
Good Luck
HTH
kris
2011 3C Lotus City, 3C Lotus City
anilsal
06-17 12:09 AM
Start off your infopass with the following question.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
If you have no intention of answering the questions, then no one is forcing you to do.:p
Making a mockery of a person's anxiety does not really show well on your personality.:cool:
It is his right to take info pass appointments to know more about his case. If it helps him sleep at nights, then that is a good remedy.
Ideally, the fix for this is legislative action that is being driven by IV leadership.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
If you have no intention of answering the questions, then no one is forcing you to do.:p
Making a mockery of a person's anxiety does not really show well on your personality.:cool:
It is his right to take info pass appointments to know more about his case. If it helps him sleep at nights, then that is a good remedy.
Ideally, the fix for this is legislative action that is being driven by IV leadership.
more...
zCool
03-20 04:43 PM
IF USCIS revokes 140 for fraud, you got 2 issues
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
needGCcool
08-29 07:53 PM
Its very ambiguous.....on one hand they say:
and then they also say:
So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:
Yes, we cannot call them till processing date > received date + 30 days!
and then they also say:
So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:
Yes, we cannot call them till processing date > received date + 30 days!
more...
anilsal
07-30 06:36 AM
W2s to indicate annual salaries in the last 1-3 years such that they know that you made at least as much as the labor application said.
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jasmin45
08-08 04:49 PM
Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.
There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.
There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?
There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.
There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?
more...
kartikiran
05-06 03:55 PM
ganguteli,
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
If people really want to do something, then how about we organize a rally in DC and show up in thousands?
Then everyone will know you and you do not need to go to meetings just to show your faces and expect that someone will have mercy on us and think about us next time.
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
If people really want to do something, then how about we organize a rally in DC and show up in thousands?
Then everyone will know you and you do not need to go to meetings just to show your faces and expect that someone will have mercy on us and think about us next time.
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bugmenot
11-25 12:39 PM
i doubt they'll take it on in Spring, with little to no chance of economy recovering by that time (or that whole year) passing an immigration bill will see a major backlash from everyone.
Good intentions but doubt if it will happen
Good intentions but doubt if it will happen
more...
sathweb
01-21 12:57 PM
Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:
(Atleast his thought is good, to keep your mind at peace)
I agree, thought or wish is good. If it is a thought/wish it would start with "I wish" , "I believe" or �I think� etc. His sentence starts with a rumor. Starting a rumor with the intension of misleading people is not good. His/her intensions are very clear.
(Atleast his thought is good, to keep your mind at peace)
I agree, thought or wish is good. If it is a thought/wish it would start with "I wish" , "I believe" or �I think� etc. His sentence starts with a rumor. Starting a rumor with the intension of misleading people is not good. His/her intensions are very clear.
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ita
01-15 06:04 PM
I called but I got the immigration subcommittee's VM. I left a message with my name and the reason I was calling.
more...
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nlssubbu
12-17 04:00 PM
I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
The other option is start a fresh labor with PERM and followed by another I-140. You can then port your existing I-485 with the new offer and continue your GC process where you left. You may need to check with your future employer that they are willing to do this for you. If not, then it will be a risk.
Thanks
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
The other option is start a fresh labor with PERM and followed by another I-140. You can then port your existing I-485 with the new offer and continue your GC process where you left. You may need to check with your future employer that they are willing to do this for you. If not, then it will be a risk.
Thanks
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tinku01
07-17 10:33 AM
I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/
more...
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Nole2007
10-02 03:45 PM
I got the recipt notices in mail. When I check the status online i get "validation error" message. Dont understand why the system is not pulling my application details for 485, EAD and AP. Mine is NSC and recipt notice starts with LIN:mad:
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ayazali17
12-18 07:08 PM
One more question. Does a person with EAD (I-766) considered a permanent legal resident? The reason why i asked is because i was filling out a form to open a Scottrade account, i was stumped on this question, so i thought i asked someone here to verify.
Thanks for answering.
Thanks for answering.
more...
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Jaime
02-02 05:35 PM
No way this amnesty would pass. This will end up in the ash heap of unpassed bills.
Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph
But who knows!
Anyway, it's positive that at least there is some "buzz" in the air
I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope
Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph
But who knows!
Anyway, it's positive that at least there is some "buzz" in the air
I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope
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pappu
03-05 09:01 PM
check the news of the testimony posted by me last month. As per DHS this money was to be also used for enforcement.
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sintax321
09-04 01:28 PM
Would someone mind posting a link to a pixel stretching tutorial? I do a lot of photoshop work and have never seen it yet.
sanju
02-16 08:50 AM
1.) The total pay in LCA is most likely for the entire year. If you worked for 6 months, simply divide the LCA per year pay by half and use that as a basis to decide. Since you said that your month-wise wage was higher than the LCA wage, I think you are in safe zone. Did you mean to say that you pay was less than the 1/2 (i.e. for 6 months) of the pay specified in LCA? Please clarify.
2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.
And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.
Hope this is helpful.
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.
And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.
Hope this is helpful.
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
st4rguitar
04-06 02:10 PM
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
LMAO - thanks for this post - hilarious!! :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
LMAO - thanks for this post - hilarious!! :)
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