CheckRaise
10-12 11:28 AM
If I were you I wont try and get confrontational with the employer HR or attorneys as
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
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das0
03-09 01:54 PM
Hi nat23,
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
Please advise. Much appreciated - thanks
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
Please advise. Much appreciated - thanks
pamposh
08-12 02:03 PM
I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).
PD Sep 05.
PD Sep 05.
2011 2005 Vauxhall Astra 1.6 16V
amirani
03-06 01:42 PM
Thanks for all the information and support, I really appreciate that.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
more...
priderock
05-15 01:28 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
wellwisher02
04-07 06:20 PM
Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
---
Good advice, Syed.
I endorse it! We'd like to see them together.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
---
Good advice, Syed.
I endorse it! We'd like to see them together.
more...
sledge_hammer
07-11 02:06 PM
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
Funny? See below:
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
Funny? See below:
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
2010 Vauxhall Astra Estate SRI
same_old_guy
04-13 05:43 PM
If it had 485 filing provision in it it would been wonderful. Shall we start sending email or call to Senator Chuck Hagel (R-NE) ?? What is IV's take on this ?
more...
jthomas
03-27 12:00 PM
Thats not the case. USCIS will revoke employment based AOS since mariage based AOS has higher priority. So the process would be, they would call for a normal interview and then hand you a paper that
" since you have a second petition (employment based) so they have to combine both of them and then they would issue a green card."
Its just because you were in this country legally for a long time they will go through all the required paper work. IT MEANS DELAY in processing or may be RFE to get more details.
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
" since you have a second petition (employment based) so they have to combine both of them and then they would issue a green card."
Its just because you were in this country legally for a long time they will go through all the required paper work. IT MEANS DELAY in processing or may be RFE to get more details.
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
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GCwaitforever
09-28 02:33 PM
Once retrogression starts, I-485 processing is held for all cases with priority date after the cut-off date.
Even if your priority is current, I-485 will not be processed until you clear FBI name check and other security checks (and also I-140 in case of concurrent processing).
If you believe you cleared name check process from FBI, and only processing of I-140 is holding your I-485, then switching to I-140 premium processing makes sense.
You could try premium I-140 process and hope for name check to be cleared in time so that your I-485 is processed before retrogression kicks in.
Even if your priority is current, I-485 will not be processed until you clear FBI name check and other security checks (and also I-140 in case of concurrent processing).
If you believe you cleared name check process from FBI, and only processing of I-140 is holding your I-485, then switching to I-140 premium processing makes sense.
You could try premium I-140 process and hope for name check to be cleared in time so that your I-485 is processed before retrogression kicks in.
more...
pappu
04-10 01:57 PM
Pappu,
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
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mirage
06-16 09:33 PM
In my case they made 4-5 attempts before it was delivered...
more...
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meridiani.planum
07-20 12:00 AM
Thanks for the response.
My Priority Date is:
March 16, 2001.
What can you guys tell me?
Thanks.
your case has probably been sent to a local office for an interview. You can take an Infopass appointment to learn more about your case:
http://infopass.uscis.gov/
Also, call the USCIS 1-800 number and enquire about your case and whether you can file a service request about it...
Its been ages since your 485 was filed! Do you have an attorney or was this case filed on your own?
My Priority Date is:
March 16, 2001.
What can you guys tell me?
Thanks.
your case has probably been sent to a local office for an interview. You can take an Infopass appointment to learn more about your case:
http://infopass.uscis.gov/
Also, call the USCIS 1-800 number and enquire about your case and whether you can file a service request about it...
Its been ages since your 485 was filed! Do you have an attorney or was this case filed on your own?
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gcadream
03-12 01:21 PM
80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.
Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.
Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.
more...
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paskal
08-23 11:51 PM
I believe that several people have won WOM cases....
I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.
Might be worth getting a second opinion with an attorney that's filed and won WOM cases....
welcome to IV!
I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.
Might be worth getting a second opinion with an attorney that's filed and won WOM cases....
welcome to IV!
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Jimi_Hendrix
12-13 10:40 AM
a level playing field for CIR. This is just an attempt to increase publicity on Enforcement work.
Pile of BS. Go to Home Depot here in California or any other hardware store and you see illegals getting on and off the bus. Waiting around the corner in full public view.
Pile of BS. Go to Home Depot here in California or any other hardware store and you see illegals getting on and off the bus. Waiting around the corner in full public view.
more...
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mdforgc
04-29 09:18 AM
Thanks for your contributions.
All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.
Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.
Just wanted to clarify.
Thanks.
I just wanted to thank the core group again from the depth of my heart for the selflessness you guys are showing. We all appreciate it, nor only by words, but also by opening our checkbooks. I know that an amonut of 100K is nothing in trying to bring attention to our cause, but you guys have sure come a long way.
All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.
Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.
Just wanted to clarify.
Thanks.
I just wanted to thank the core group again from the depth of my heart for the selflessness you guys are showing. We all appreciate it, nor only by words, but also by opening our checkbooks. I know that an amonut of 100K is nothing in trying to bring attention to our cause, but you guys have sure come a long way.
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sayonara
10-15 12:23 PM
Called USCIS and generated a service request 10 days back...no LUD since then either..frustrating...
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seebi
03-14 09:01 AM
Thanks gc_check for posting the links.
peer123
07-18 07:25 PM
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
abhijitp
01-27 03:47 AM
FYI, I have been in the queue for 6.5 years now. I did write the letter.
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
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