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raysaikat
07-12 02:47 PM
Hello All,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
greencardvow
07-18 06:12 PM
Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
jayleno
09-23 12:32 PM
Soft LUD for me. It was so soft that it didnt even update the date.
New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case
New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case
supers789
07-18 04:10 PM
I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
more...
chanduv23
01-05 12:03 PM
Is Eb3 --> Eb2 porting a wide spread phenomina?
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
saps
03-16 06:04 PM
My two cents are that you should attach your receipt notice for I-485 and approved I-140 along with your spouse's application right now instead of waiting for his/her receipt notice. BTW, this is based on an opinion of attorney I consulted.
I don't think that your spouse's I-140 has to do anything with interfiling. You application will be interlinked to your spouse's application based on I485. Also, since you are just interfiling, you both will remain primary on your respective applications with no derivatives. You won't become a derivative just by interfiling. Thats the benefit of filing separately so that who so ever has the PD current first, the spouse benefits from it even though his/her PD is not current.
I don't understand why your attorney is recommending to interfile when you have an option to let USCIS know right away where to put your spouse' I-485 file. I recommend you to take a second opinion if you have a doubt.
Thanks
I don't think that your spouse's I-140 has to do anything with interfiling. You application will be interlinked to your spouse's application based on I485. Also, since you are just interfiling, you both will remain primary on your respective applications with no derivatives. You won't become a derivative just by interfiling. Thats the benefit of filing separately so that who so ever has the PD current first, the spouse benefits from it even though his/her PD is not current.
I don't understand why your attorney is recommending to interfile when you have an option to let USCIS know right away where to put your spouse' I-485 file. I recommend you to take a second opinion if you have a doubt.
Thanks
more...
gc28262
04-07 05:55 PM
psaxena,
Congrats. Thanks for the tips.
Like to hear more of your GC dreams :)
Congrats. Thanks for the tips.
Like to hear more of your GC dreams :)
alterego
07-12 07:25 PM
Consult with you lawyer about this one.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
more...
vandanaverdia
10-30 11:39 AM
bump
keepwalking
05-14 08:06 AM
I am sorry for the confusion. My wife is already in US in H-4 status. My question is once I add her to my green card process (on June 1st 2011), how long will it take for her to get her green card.
more...
transpass
10-02 12:22 PM
Whenever there is a tech system upgrade, especially of this magnitude, there are bound to have glitches, problems, etc...I wonder how smoothly the integration will go. Hopefully, all will be well and does not affect the productivity at CIS...The productivity is already so low at CIS...Hoping for the best...
gauravsh
05-04 09:52 AM
Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
more...
sapota
10-18 05:59 PM
I have got EAD and AP.I think i would not have got them if the 140 is not filled.
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
Did you try calling USCIS customer service number? You just have to get lucky. Some customer service people are nice & some are just plain rude. (I have had both experiences just today )
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
Did you try calling USCIS customer service number? You just have to get lucky. Some customer service people are nice & some are just plain rude. (I have had both experiences just today )
p1234
02-17 07:52 PM
Congrats!
Was your service center Nebraska or Texas?
Was your service center Nebraska or Texas?
more...
peacocklover
11-11 12:48 PM
This stinky ba%^#@rd speaks loud and confuses people a lot with out giving the clear picture of broken legal immigration and with out mentioning the pain of long waiting legal immigrants (Current system neglects and keeps honestly taxpaying and law abiding legal immigration based applicants , this jerk never mention the facts of the broken system, it's taking 15 yrs to get a green card for legal immigrant to become permanent resident which is unfair and keeps that individual and applicant family in the state of limbo). He always mixes legals with illegals (undocumented) and confuses all with his border protection preachings and with out respecting the country's backbone of business immigration.
He should be sent to jail and needs to be punished seriously.
Report: Lou Dobbs employed illegal immigrants
Lou Dobbs has long railed against illegal immigration and the employers who hire undocumented workers. Dobbs generated controversy � and faced boycotts � for attacking "illegal aliens" as host of a nightly CNN show. And since leaving the network in December, Dobbs has kept talking about the issue in interviews, in which he's also left open the possibility of running for senator or president.
But Dobbs might want to pause before making illegal immigration a signature campaign issue: At least five illegal immigrants have reportedly worked on his properties.
The liberal Nation magazine, in a yearlong investigation conducted with the Investigative Fund at the Nation Institute, found that "Dobbs has relied for years on undocumented labor for the upkeep of his multimillion-dollar estates and the horses he keeps for his 22-year-old daughter, Hillary, a champion show jumper."
The Nation's Isabel Macdonald writes that while Dobbs has bashed employers for hiring immigrants without papers, he "has been far from vigilant about the status of workers laboring on his own properties." (The Nation has long editorialized against Dobbs and those who agree with him on immigration.)
Dobbs owns a 300-acre estate in Sussex, N.J., and a winter home in West Palm Beach, Fla. His daughter keeps five show horses worth about $1 million each at several stables; the horses are owned by the Dobbs Group, of which Lou Dobbs is president.
Macdonald spoke with several immigrants who were employed to work on winter property and helped with the upkeep of Dobbs' horses at stables in Vermont and Florida. "I looked after Dobbs' horses while I was illegal," said one man. Another worker said that he believed Hillary Dobbs knew they didn't have papers. (The workers did not give their real names for fear of deportation.)
Macdonald wrote that another worker worked on the garden at Dobbs' Florida property. On one occasion, that worker said, Lou Dobbs � who referred to himself as "Luis" � instructed him in Spanish to talk to his boss about moving a specific plant. Macdonald interviewed other immigrants who worked at the holiday home.
Hillary Dobbs did not comment for the article. And Lou Dobbs, through a radio producer on "The Lou Dobbs Show," declined to comment. Robert Zeller, Dobbs' attorney, said Dobbs would answer questions only on his live radio show; the Nation agreed to be on the show, but only after publication.
Dobbs has not yet responded to a request from The Upshot to discuss the allegations, which are sure to get attention given the commentator's very public views on the subject. The Nation compiled a video of Dobbs' past statements
Report: Lou Dobbs employed illegal immigrants | The Upshot Yahoo! News (http://news.yahoo.com/s/yblog_upshot/20101007/cm_yblog_upshot/report-lou-dobbs-employed-undocumented-immigrants)
He should be sent to jail and needs to be punished seriously.
Report: Lou Dobbs employed illegal immigrants
Lou Dobbs has long railed against illegal immigration and the employers who hire undocumented workers. Dobbs generated controversy � and faced boycotts � for attacking "illegal aliens" as host of a nightly CNN show. And since leaving the network in December, Dobbs has kept talking about the issue in interviews, in which he's also left open the possibility of running for senator or president.
But Dobbs might want to pause before making illegal immigration a signature campaign issue: At least five illegal immigrants have reportedly worked on his properties.
The liberal Nation magazine, in a yearlong investigation conducted with the Investigative Fund at the Nation Institute, found that "Dobbs has relied for years on undocumented labor for the upkeep of his multimillion-dollar estates and the horses he keeps for his 22-year-old daughter, Hillary, a champion show jumper."
The Nation's Isabel Macdonald writes that while Dobbs has bashed employers for hiring immigrants without papers, he "has been far from vigilant about the status of workers laboring on his own properties." (The Nation has long editorialized against Dobbs and those who agree with him on immigration.)
Dobbs owns a 300-acre estate in Sussex, N.J., and a winter home in West Palm Beach, Fla. His daughter keeps five show horses worth about $1 million each at several stables; the horses are owned by the Dobbs Group, of which Lou Dobbs is president.
Macdonald spoke with several immigrants who were employed to work on winter property and helped with the upkeep of Dobbs' horses at stables in Vermont and Florida. "I looked after Dobbs' horses while I was illegal," said one man. Another worker said that he believed Hillary Dobbs knew they didn't have papers. (The workers did not give their real names for fear of deportation.)
Macdonald wrote that another worker worked on the garden at Dobbs' Florida property. On one occasion, that worker said, Lou Dobbs � who referred to himself as "Luis" � instructed him in Spanish to talk to his boss about moving a specific plant. Macdonald interviewed other immigrants who worked at the holiday home.
Hillary Dobbs did not comment for the article. And Lou Dobbs, through a radio producer on "The Lou Dobbs Show," declined to comment. Robert Zeller, Dobbs' attorney, said Dobbs would answer questions only on his live radio show; the Nation agreed to be on the show, but only after publication.
Dobbs has not yet responded to a request from The Upshot to discuss the allegations, which are sure to get attention given the commentator's very public views on the subject. The Nation compiled a video of Dobbs' past statements
Report: Lou Dobbs employed illegal immigrants | The Upshot Yahoo! News (http://news.yahoo.com/s/yblog_upshot/20101007/cm_yblog_upshot/report-lou-dobbs-employed-undocumented-immigrants)
Kitiara
10-17 10:52 AM
Argh, I don't have Paintshop Pro!
more...
jonty_11
05-22 10:45 AM
I would nt think that our lobby firms opinion would be made public....it may be dterimental to our cause, as anti-immigrant groups may use that information to their advantage.
fatjoe
09-06 01:41 PM
Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
gimme_GC2006
07-31 10:42 AM
Hi,
I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.
So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?
This is my second trip on AP.
Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?
Adding to this, my PD will be current from Aug-1st :(
Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.
So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?
This is my second trip on AP.
Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?
Adding to this, my PD will be current from Aug-1st :(
Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
Humhongekamyab
09-25 02:14 PM
I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
Do you mind sharing the name of your lawyer?
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
Do you mind sharing the name of your lawyer?
lazycis
10-05 11:15 AM
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
Yes, but the time she was without status will count as unlawful presence (depending on I-94). No worries, only 180 days or more of unlawful presence will trigger a three-year inadmissibility ban (see the INA � 212(a)(9)(B)(i)(I)).
I would also advise her not to leave the US until she gets an approval.
Yes, but the time she was without status will count as unlawful presence (depending on I-94). No worries, only 180 days or more of unlawful presence will trigger a three-year inadmissibility ban (see the INA � 212(a)(9)(B)(i)(I)).
I would also advise her not to leave the US until she gets an approval.
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