gcformeornot
12-31 12:54 PM
vote
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laksmi
02-18 05:10 PM
when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.
Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :
a) Timesheet signed.
b) benefits confirmation ,
c) email correspondence to indirectly prove that you were working in H1 status and getting paid
Hope this helps
Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :
a) Timesheet signed.
b) benefits confirmation ,
c) email correspondence to indirectly prove that you were working in H1 status and getting paid
Hope this helps
akhilmahajan
10-31 09:00 AM
4 months from now, there will be another rush for applications for EADs and people will be spending money for it. Everyone will be back on the forums talking about notices and late processing for these applications. Lot of people will have heartburns and their jobs can be in trouble if their EADs do not arrive on time.
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
Please dont forget to apply for AP renewal, as if you have to travel, without an AP u will be struck.
So, make sure EAD & AP Renewals are filed close to each other to be on a safer side.
Pappu,
Thanks a lot for bringing it up.
The question we should be asking is "WHEN WILL OUR WORRIES REGARDING RENEWING EAD & AP FINISH?"
Folks come on, lets do something about this situation.
GO IV GO.
TOGETHER WE CAN.
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
Please dont forget to apply for AP renewal, as if you have to travel, without an AP u will be struck.
So, make sure EAD & AP Renewals are filed close to each other to be on a safer side.
Pappu,
Thanks a lot for bringing it up.
The question we should be asking is "WHEN WILL OUR WORRIES REGARDING RENEWING EAD & AP FINISH?"
Folks come on, lets do something about this situation.
GO IV GO.
TOGETHER WE CAN.
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stxvr
07-20 02:24 PM
7% limit is for the each category (like EB 7%) then seperate 7% for FB.
Can the EB used all the numbers of india (25,620) OR it can use only 7% of the EB only means (9800)
Can the EB used all the numbers of india (25,620) OR it can use only 7% of the EB only means (9800)
more...
wandmaker
07-23 07:44 AM
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
(1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
(1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.
saimrathi
08-22 02:53 PM
Any ideas about this query?
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
more...
bharmohan
08-15 10:20 PM
Gurus,
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
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pd052009
09-13 02:51 PM
You save time when you port from one EB category to another EB category and your country of chargeability has a backlog. Switching b/w employers with same EB category will not save any time.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
more...
map_boiler
08-02 01:41 PM
FedEx is the best, by far. UPS next. DHL is the worst (my personal experience).
Always use FedEx, and if not possible, use UPS. Never DHL.
FedEx is the best shipping company for both domestic and international.
DHL is worse than UPS.
It is in this order
FedEX
UPS
DHL
I have very very bad experiance with DHL.
Always use FedEx, and if not possible, use UPS. Never DHL.
FedEx is the best shipping company for both domestic and international.
DHL is worse than UPS.
It is in this order
FedEX
UPS
DHL
I have very very bad experiance with DHL.
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stevensjd
04-28 11:59 AM
My wife came at JFK airport on AP in AI flight BOM to NYC. she did not have any issue at all.
She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.
I was worried that they may ask couple of questions but it was very smooth.
She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.
I was worried that they may ask couple of questions but it was very smooth.
more...
sury
10-29 06:20 AM
I haven't applied yet. I don't know if I can apply for kid or not.
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GC Struggle
03-10 11:02 AM
Don’t worry… there is an option to contest the decision.. you could use an MTR.. Hope the below info helps
ALL Gurus,
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.
Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
No idea on this..
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months
ALL Gurus,
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.
Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
No idea on this..
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months
more...
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smiling08
09-12 12:21 PM
I am in this case, and I am on my OPT in the US. If I have the I-794B now, and will be valid Oct 1, 2008, can I change my employer and transfer H1-B? Or I have to activate it first. Thanks a lot!
your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.
since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.
hope this helps
your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.
since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.
hope this helps
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hsj
07-10 12:06 AM
Hi,
I had applied for my EAD renewal from Nebraska on 6/10 and got the card production ordered mail on 7/8. So your renewal should hopefully come through before your current EAD expires
I had applied for my EAD renewal from Nebraska on 6/10 and got the card production ordered mail on 7/8. So your renewal should hopefully come through before your current EAD expires
more...
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swashbuckler
06-17 12:00 AM
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
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gman
07-29 05:47 PM
what was job description before becoming Director? Did you apply AC21 by default? Seems like you do not have to notify INS unless you get an RFE
more...
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Anders �stberg
May 2nd, 2005, 07:54 AM
Thanks Kevin! Trial and horror it is then . :-)
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letstalklc
11-05 02:49 PM
Just voted.
Thank you very much for putting here in the immigration forums.
Thank you very much for putting here in the immigration forums.
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rongha_2000
04-30 05:24 PM
Its kind of an interesting thought process, but I am curious why do you assume that NON-Perm cases will be very few? And also forgive me for being negative here but you are "assuming" all those parameters which are critical to the decision making process. This is a very interesting approach and if we can get real data to back this up, then nothing like it. (BEC cases will be a big factor in this calculation)
All,
I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly critique it. I will send this letter over the weekend and also post over here.
The rational are as follows (Of course , I will word them properly).
I have grouped applicants in the following groups
BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.
Fact 1: Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
Fact 2: Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
Fact 3: Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
Fact 4: FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
Fact 5: Per FLC data , 46,340 ROW PERM applications were certified in FY’06 and 47, 251 ROW applications were certified in FY’07.
Assumption 1: Based on Fact 1, let us assume for FY’06 50K Eb2 and Eb3 visas were used for the people stuck in BEC.
Assumption 2: Based on Fact 1 and Fact 2, let us assumed that in total 200,000 labors were certified between March'05 and Sep'07 by BEC.
Assumption 3: The visa backlog is not an issue for the ROW countries. In other words, their dates could be made current.
Assumption 4: NIW applications are negligible
Assumption 5: Based on Fact 1 and Fact 3, let us assume in BEC accounted for 50K visa in FY’07.
Assumption 6: 50% of visas are used by retrogressed countries.
Calculation 1: BEC visa used in FY’06 = 122,121- 6,000 – 46,340 = 69,781
Calculation 2: BEC people remaining as on 10/01/2006 = 200,000-69,781-50,000= 80,219
Calculation 3: BEC people remaining as on 10/01/2007: Since total visas issued in FY07 > (47,251 + 80,219) therefore negligible. Also, assume that balance 8,000 application went to NIW.
So in other words, the dates in any case has to be greater than 10/01/2005 for the retrogressed countries. For the simple reason that Non-Perm cases would very few.
All,
I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly critique it. I will send this letter over the weekend and also post over here.
The rational are as follows (Of course , I will word them properly).
I have grouped applicants in the following groups
BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.
Fact 1: Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
Fact 2: Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
Fact 3: Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
Fact 4: FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
Fact 5: Per FLC data , 46,340 ROW PERM applications were certified in FY’06 and 47, 251 ROW applications were certified in FY’07.
Assumption 1: Based on Fact 1, let us assume for FY’06 50K Eb2 and Eb3 visas were used for the people stuck in BEC.
Assumption 2: Based on Fact 1 and Fact 2, let us assumed that in total 200,000 labors were certified between March'05 and Sep'07 by BEC.
Assumption 3: The visa backlog is not an issue for the ROW countries. In other words, their dates could be made current.
Assumption 4: NIW applications are negligible
Assumption 5: Based on Fact 1 and Fact 3, let us assume in BEC accounted for 50K visa in FY’07.
Assumption 6: 50% of visas are used by retrogressed countries.
Calculation 1: BEC visa used in FY’06 = 122,121- 6,000 – 46,340 = 69,781
Calculation 2: BEC people remaining as on 10/01/2006 = 200,000-69,781-50,000= 80,219
Calculation 3: BEC people remaining as on 10/01/2007: Since total visas issued in FY07 > (47,251 + 80,219) therefore negligible. Also, assume that balance 8,000 application went to NIW.
So in other words, the dates in any case has to be greater than 10/01/2005 for the retrogressed countries. For the simple reason that Non-Perm cases would very few.
rb_248
07-16 05:22 PM
Me too...it was posted 15th of June... This is not the July one :p
That is why this GCKabhayega has so many red dots....
That is why this GCKabhayega has so many red dots....
redelite
08-27 03:06 PM
...I feel left out here.. what does SMH stand for?
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