manderson
09-21 03:05 PM
Hello. I am wondering which is the main factor behind getting your GC independence from your employer - the 180 day test or AC21.
In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?
I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....
Thanks is advance.
In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?
I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....
Thanks is advance.
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blondhenge
08-31 09:15 AM
I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.
That is why you need a new employment letter from your US employer to bring to the consular interview. The letter is the proof that the job exists for when you arrive in the US.
However, if the individual has no intention of working at the US company upon arrivial, or if they do not want to hire him back (and thus not give him the letter), he will not be approved at the consulate.
That is why you need a new employment letter from your US employer to bring to the consular interview. The letter is the proof that the job exists for when you arrive in the US.
However, if the individual has no intention of working at the US company upon arrivial, or if they do not want to hire him back (and thus not give him the letter), he will not be approved at the consulate.
mdipi
11-16 03:15 PM
thanks, i didnt know we could use pics...
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EBX-Man
05-11 03:51 PM
smuggymba / getgreensoon1 / vdlrao
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
more...
anil
08-18 08:37 PM
I moved to another zip code within same state. LUD changed on June 26, and did not get any RFE. I think it is safe.
ivamember
01-25 04:55 PM
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
more...
kprgroup
04-03 04:40 PM
The RFE is about on what basis i am eligible to extend H1B?. I sent copy of my 485 receipt and MTR copy & letter from my current employer explaining my 485 is pending more than 365 days and AC21 we requested for H1 extension.I thought i am going to get only one year but ..got 3 year extension.If you need more details PM me your phone or email .Will glad to help you
Good Luck
KPR
Good Luck
KPR
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sam_hoosier
05-18 01:18 PM
Agree with the OP. This is an immigration forum. Random thoughts and observations that have nothing to do with immigration dont really belong here. There are many other discussion forums available where politics, sports etc can be discussed.
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tonyHK12
11-25 12:10 PM
Why should he?
What are you going to give him in return/what is he going to get by helping us?
We need to first learn to help ourselves.
I feel MC was being sarcastic as usual.
It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.
What are you going to give him in return/what is he going to get by helping us?
We need to first learn to help ourselves.
I feel MC was being sarcastic as usual.
It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.
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inskrish
04-18 09:42 PM
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
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gnrajagopal
08-19 02:16 AM
Your concern seems valid.
gnrajagopal, i would call USCIS customer service and talk to them about this.. better to get it confirmed.
I am inclined to believe that you are approved.. they just haven't updated their system yet or mabybe the system didn't get updated somehow.
Spoke to a friend of mine. He said he recieved his 140 approval but till this date the system shows that the case is pending. I will probably call uscis tomorrow.
Does anybody know the easiest way to reach a customer service rep at NSC?
gnrajagopal, i would call USCIS customer service and talk to them about this.. better to get it confirmed.
I am inclined to believe that you are approved.. they just haven't updated their system yet or mabybe the system didn't get updated somehow.
Spoke to a friend of mine. He said he recieved his 140 approval but till this date the system shows that the case is pending. I will probably call uscis tomorrow.
Does anybody know the easiest way to reach a customer service rep at NSC?
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glamzon
07-19 03:38 PM
Translate it yourself , but make sure you do line to line Translation and get it notarized ... simple
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neeidd
09-19 03:28 PM
Just wondering how did you get info from USCIS about your FP notice?
Because, I have got the receipt and when I called USCIS for my FP appointment (Called cust serv then 1,2,2,6,2,2,1), she said My info is entered into the system and they will send anything in mail. But she did not tell me whether there is FP appointment for me or not? How you do ask for that or do I have to go to level 2 cust serv rep?
Could you please advice!
Thanks
Because, I have got the receipt and when I called USCIS for my FP appointment (Called cust serv then 1,2,2,6,2,2,1), she said My info is entered into the system and they will send anything in mail. But she did not tell me whether there is FP appointment for me or not? How you do ask for that or do I have to go to level 2 cust serv rep?
Could you please advice!
Thanks
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ss777
12-17 02:30 PM
Did you mean DIA POE ?
Its Dulles International Airport (IAD) in Virginia
Its Dulles International Airport (IAD) in Virginia
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grupak
03-24 11:39 AM
AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.
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yingli
08-25 02:57 PM
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
more...
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ppt.b
11-19 12:04 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
I am in the same situation. Our lawyer suggested that I should use AP if I want to continue working on EAD after my international trip.
Not sure if that is the right way to go.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
I am in the same situation. Our lawyer suggested that I should use AP if I want to continue working on EAD after my international trip.
Not sure if that is the right way to go.
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babu123
10-08 07:08 PM
bloody bulletin . never moves
I am still short of 16 days.
I am still short of 16 days.
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wandmaker
06-06 03:12 AM
USCIS will send an RFE for missing photos - You can send the photos after that
small2006
08-08 02:46 PM
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!
bijualex29
07-31 05:51 PM
Dear All,
Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
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