radhay
01-09 01:33 PM
I dont think there are hard and fast rules for interview. Some cases were transfered to NBC(National Benefit Center) to share the workload and some they had questions about the case. In my case , the interviewer told me that possible reason is there is a note in my case that said "Not working for the sponsor" which is a geniune question since I wasn't working for employer when 485 is filed. They could have issued RFE instead.
I think this delayed my case otherwise I would also be one of the lucky guys who got their 485s approved this last summer. In general it should be a good thing for you to know that your case is being worked on. Since now that there are no visas available , any temporaray delay shouldnot matter.
I think this delayed my case otherwise I would also be one of the lucky guys who got their 485s approved this last summer. In general it should be a good thing for you to know that your case is being worked on. Since now that there are no visas available , any temporaray delay shouldnot matter.
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thesparky007
04-24 05:36 PM
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vnsriv
11-04 10:38 AM
Gurus,
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
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ns521
12-20 08:27 AM
My wife changed her status from B2 to H1 in US.Her H1 was approved without any problems.Could that cause any probelms in the future when she applies for green card.What is the chance to get her H1 denied in the consulate if she travels abroad because she changed from visitor to work visa in US?
Thanks
Thanks
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roseball
07-19 12:33 AM
I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.
Sure you can, as long as your new job requires a Masters or Bachelors + 5 yrs of experience and your employer is willing to start the process, you can do it. Being on EAD or H1 doesn't stop you from porting your PD.
Sure you can, as long as your new job requires a Masters or Bachelors + 5 yrs of experience and your employer is willing to start the process, you can do it. Being on EAD or H1 doesn't stop you from porting your PD.
surabhi
06-20 03:29 PM
Can someone share a sample or a template for the affidavits from former colleagues / managers, in cases where employer experience letter in specified format is not obtainable?
Thanks in advance!
Here it is. I used this format for my I-140. Got approved without RFE. It was on plain white paper without any letter head or such.
Date:
To Whomsoever It May Concern
This letter is to certify that Mr.XXXXXX worked as a < Job title> from < date> to <Data> at <Company Name> Located at < Address >
I worked as Programmer Analyst at <Name of the Company> , <Address > from (Start date of Employment- Month/Year) to (Last date of employment, Month/Year). As a co-worker of Mr. XXXXX, I have knowledge regarding XXXXX's job duties, dates of employment and hours of work.
YYYY Company is in the business of providing software consulting services.
XXXXXX's duties included design, develop and administer Oracle databases, perform backup and recovery procedures. Design, develop and test custom applications using Oracle Pl/SQL
Mr. XXXXXX worked for 40 Hours per week.
Please feel free to contact us if you require any further information.
Sincerely,
<Signature>
Thanks in advance!
Here it is. I used this format for my I-140. Got approved without RFE. It was on plain white paper without any letter head or such.
Date:
To Whomsoever It May Concern
This letter is to certify that Mr.XXXXXX worked as a < Job title> from < date> to <Data> at <Company Name> Located at < Address >
I worked as Programmer Analyst at <Name of the Company> , <Address > from (Start date of Employment- Month/Year) to (Last date of employment, Month/Year). As a co-worker of Mr. XXXXX, I have knowledge regarding XXXXX's job duties, dates of employment and hours of work.
YYYY Company is in the business of providing software consulting services.
XXXXXX's duties included design, develop and administer Oracle databases, perform backup and recovery procedures. Design, develop and test custom applications using Oracle Pl/SQL
Mr. XXXXXX worked for 40 Hours per week.
Please feel free to contact us if you require any further information.
Sincerely,
<Signature>
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snathan
09-18 11:31 PM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
Most of the time its scaring tactics. Anyway you dont have much option here. Go ahead and secure your status first. Then hire an attorney and face Company A legally whatever comes...
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
Most of the time its scaring tactics. Anyway you dont have much option here. Go ahead and secure your status first. Then hire an attorney and face Company A legally whatever comes...
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davidmaria
06-24 05:43 PM
Hi
my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
I am still working with my old company B .
My question is Am i eligible to change company C
without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
Thanks,
David
my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
I am still working with my old company B .
My question is Am i eligible to change company C
without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
Thanks,
David
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WaitingForMyGC
02-25 02:23 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I do not have answers to your question but have few questions of mine
1. Can non-profit H1 be transferred to regular H1?
2. While non-profile H1 is in extension process, can new regular H1 be filed?
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I do not have answers to your question but have few questions of mine
1. Can non-profit H1 be transferred to regular H1?
2. While non-profile H1 is in extension process, can new regular H1 be filed?
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cooler
12-11 12:36 PM
EB2/Nov' 05/ 2yr
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raysaikat
12-05 06:02 PM
Hi Everybody,
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.
Note that H1-B does not have that problem: it is a dual intent visa.
I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.
Note that H1-B does not have that problem: it is a dual intent visa.
I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.
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krishnam70
05-06 06:03 PM
Folks:
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
You never know with USCIS
1. Try and see if you can get a corrected Birth certificate with the correct names issued.
2. Try to get affidavit's from your parents that they are also known by the name's present in the passport and birth certificate
3. Try and get any/all kind of supporting documentation to support this fact including any affidavits from other relatives ( elder people than your parents)
5. Official documents that establish you to be related to them and also any other documents that show that both the people are same.
6. In case of your mother's last name not appearing the certificate try and contact the municipal admn and see if they issue a new certificate which contains the correct name and with that an explanation letter that the records stand corrected or whatever
7. Secondary evidence like - your educational transcripts that contain your father's name
8. Official identity cards( voter registration etc) that prove the same
basically any document that establishes the link
good luck
-cheers
kris
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
You never know with USCIS
1. Try and see if you can get a corrected Birth certificate with the correct names issued.
2. Try to get affidavit's from your parents that they are also known by the name's present in the passport and birth certificate
3. Try and get any/all kind of supporting documentation to support this fact including any affidavits from other relatives ( elder people than your parents)
5. Official documents that establish you to be related to them and also any other documents that show that both the people are same.
6. In case of your mother's last name not appearing the certificate try and contact the municipal admn and see if they issue a new certificate which contains the correct name and with that an explanation letter that the records stand corrected or whatever
7. Secondary evidence like - your educational transcripts that contain your father's name
8. Official identity cards( voter registration etc) that prove the same
basically any document that establishes the link
good luck
-cheers
kris
more...
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PHANI_TAVVALA
02-12 10:20 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
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kasanski33
05-03 07:15 PM
Thanks guys that helps a lot.
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frostrated
08-11 02:24 PM
My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
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ttdam
10-22 03:38 PM
I got the receipt #s from back of the checks.
EAD & AP pending with VSC, 485 transferred back to TSC
EAD & AP pending with VSC, 485 transferred back to TSC
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sodh
07-27 06:58 PM
This is I am assuming you have given USCIS your NJ address, every Lawyer has to have License in the State he practices, if your CA Lawyer has a License to practice in NJ you can always call him to represent you. If this helps.
The work around would be hire a local Lawyer and let your CA lawyer brief your case to him I know it will be expensive, but it will help you in long run.
The work around would be hire a local Lawyer and let your CA lawyer brief your case to him I know it will be expensive, but it will help you in long run.
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lpahari
11-16 12:24 AM
Hi,
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
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joolie1
02-08 09:38 AM
so my Perm Res Card = a Green Card?
What a relief!
(Can you tell I am wading through the murky immigration waters without a lawyer at the helm?)
What a relief!
(Can you tell I am wading through the murky immigration waters without a lawyer at the helm?)
pyrosleepy
10-26 10:33 AM
I think Ubaidu's problem is that his degrees are in a different field of study from that of his job. For EB2 the USCIS will surely look into the relevance of the Masters degree to the job description.
pappu
01-02 08:21 PM
Immigration voice is needed in that country too!
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