deepakd
07-09 11:38 PM
My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.
Regd experience, I dont know if USCIS calls an employer.
Well, USCIS would/may call the person who has given the reference.
It may be very well be possible that this particular person is currently working for a different company.
Regd experience, I dont know if USCIS calls an employer.
Well, USCIS would/may call the person who has given the reference.
It may be very well be possible that this particular person is currently working for a different company.
desi3933
03-19 11:14 AM
Is it still possible to transfer your H1B to another employer
Yes
... and return back to USA on the old visa?
No. You will need new visa stamp.
Yes
... and return back to USA on the old visa?
No. You will need new visa stamp.
martinvisalaw
07-28 07:13 PM
I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
ImmiLosers
03-11 07:56 PM
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
more...
JoeWings
March 24th, 2005, 10:21 AM
The AA battery holder is for LAST RESORT use only. It was never designed for continous use. If you did it would get very expensive very quickly.
You didn't say what kind of batteries. If they were Ni-Cads or NiMH, they only supply 1.2 volts. The D100 requires 1.5 volts.
Also, you might try mounting a newer AF lens to it just to see if its the older lens. Hopefully the lens you used isn't pre-1977. If so, you may have damaged the body.
You didn't say what kind of batteries. If they were Ni-Cads or NiMH, they only supply 1.2 volts. The D100 requires 1.5 volts.
Also, you might try mounting a newer AF lens to it just to see if its the older lens. Hopefully the lens you used isn't pre-1977. If so, you may have damaged the body.
kosikosi
09-29 02:17 PM
Can anyone help me.
My I -485 status on line says my case has be suspended due to the rejection of my finger printing fee.
Meanwhile i received my finger printing notice eventhough my case was suspended.
My attorney responded to the billing notice and USCIS wrote (This Letter the uscis sent was dated Sept 17 th .)back to say that the check we sent was an overpayment because we proved to them that the initial check had been cashed.
The problem is that the status on line still is suspended. I called the TSC and the operator said the case is in their system.
What can i do to correct these conflicting messages.
Can anyone suggest what i should do
kosikosi
My I -485 status on line says my case has be suspended due to the rejection of my finger printing fee.
Meanwhile i received my finger printing notice eventhough my case was suspended.
My attorney responded to the billing notice and USCIS wrote (This Letter the uscis sent was dated Sept 17 th .)back to say that the check we sent was an overpayment because we proved to them that the initial check had been cashed.
The problem is that the status on line still is suspended. I called the TSC and the operator said the case is in their system.
What can i do to correct these conflicting messages.
Can anyone suggest what i should do
kosikosi
more...
whiteStallion
03-04 07:44 PM
Congratulations ! Its party time! :D
rrkany
10-20 08:58 AM
On a different note, how safe it is to go for Visa stamping in Canada. My visa stamp in passport expired last year, my H1B is valid untill end of 2007. Will it be ok to go to canada for visa stamping at this stage. Please let me know if anybody has any good/bad experiences with this process.
Thanks
Thanks
more...
waitin_toolong
10-28 01:57 PM
anyways SSN helps in getting a credit card establishing credit history, etc even if not used for work
coopheal
11-07 06:51 AM
Contribute now so that IV dont have to pass an opportunity during lame duck session or early next year.
more...
factoryman
06-30 10:46 AM
and do it in PM. Someone asked is in a situation due to the attorney. He didn't seek or initiate LS.
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
iv_newbie_2007
06-16 10:06 PM
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.
----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.
more...
atlgc
06-02 07:47 AM
hello satyachowdary
thank you and hope this is my last question
my original 485 filed @NSC ,is there email for NSC or should i send to TSC only?
please advise
thanks
thank you and hope this is my last question
my original 485 filed @NSC ,is there email for NSC or should i send to TSC only?
please advise
thanks
pan123
11-04 04:14 PM
Guys,
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
more...
boreal
09-24 05:48 PM
Hi Gurus,
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).
R
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).
R
pappu
08-23 01:58 PM
Do not spam the forum by posting the same post more than once.
more...
rb_248
08-19 03:30 PM
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
rajarao - I have this suggestion. My employers did something similar for my LC audit, which is different from I 485. But, the point is to look for an equivalent substitute.
Do you have any sustitutes for the above ? Such as LIC policies with beneficiaries, ration card, voters registration, driver's license anything ? If you do, then call USCIS and explain what you are sending and the significance of these documents and find out if acceptable.
It looks like they are looking for an authentic document showing son's and parent's names.
Gurus, what do you all think ?
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
rajarao - I have this suggestion. My employers did something similar for my LC audit, which is different from I 485. But, the point is to look for an equivalent substitute.
Do you have any sustitutes for the above ? Such as LIC policies with beneficiaries, ration card, voters registration, driver's license anything ? If you do, then call USCIS and explain what you are sending and the significance of these documents and find out if acceptable.
It looks like they are looking for an authentic document showing son's and parent's names.
Gurus, what do you all think ?
optimist578
02-12 01:48 PM
Currently its taking the same amount of time at both Nebraska & Texas service centers.
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
My regular I-140 case took Nov - Feb at NSC.
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
My regular I-140 case took Nov - Feb at NSC.
shana04
08-13 06:13 PM
Just read a post on a different thread where a 2006 NSC case was cleared without NC
Friends,
Even I am stuck with Name Check and what is the approach to clear name check.
Any help / suggestions, please advice.
thanks in advance.
Shana
Friends,
Even I am stuck with Name Check and what is the approach to clear name check.
Any help / suggestions, please advice.
thanks in advance.
Shana
stucklabor
03-16 12:38 PM
I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
pitha
03-28 11:23 PM
I read dailykos.com, a liberal blog site, often. Recently, there has been a spate of postings there that are anti H-1B and anti high tech immigration. One example, from today, is: http://www.dailykos.com/story/2007/3/28/82450/4208. I have been posting comments as cacophonix.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
I read your response, it was good and I signed up as well. I will post my response refuting anti h1 rhetoric.
On a separate note Logiclife response was spot on and I hope IV will follow in the footsteps of dailykos in dealing with the nonsense mongers.
I will take this opportunity to bring some anti-h1 rhetoric and h1 bashing that happens in our very own IV site!!!!!!!. I don’t want to name the individual who specializes in h1 bashing, so as not to make it a personal attack on that individual. A few days ago I posted a message on one of the threads in IV saying day by day reading some responses on h1 bashing makes me feel like I am on an anti-immigrant website rather than a website fighting for legal eb immigrants.
It feels sad and disheartening to see some members attacking h1 when they themselves are on h1. By attacking h1 they are attacking the very movement and people that IV is trying to help. Sure there are some abuses on h1 but lets not attack h1 like anti immigrants. Let’s fight the people outside who attack h1 and this community but let’s also clean our own house as well and not parrot the same anti h1 rhetoric in IV forum.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
I read your response, it was good and I signed up as well. I will post my response refuting anti h1 rhetoric.
On a separate note Logiclife response was spot on and I hope IV will follow in the footsteps of dailykos in dealing with the nonsense mongers.
I will take this opportunity to bring some anti-h1 rhetoric and h1 bashing that happens in our very own IV site!!!!!!!. I don’t want to name the individual who specializes in h1 bashing, so as not to make it a personal attack on that individual. A few days ago I posted a message on one of the threads in IV saying day by day reading some responses on h1 bashing makes me feel like I am on an anti-immigrant website rather than a website fighting for legal eb immigrants.
It feels sad and disheartening to see some members attacking h1 when they themselves are on h1. By attacking h1 they are attacking the very movement and people that IV is trying to help. Sure there are some abuses on h1 but lets not attack h1 like anti immigrants. Let’s fight the people outside who attack h1 and this community but let’s also clean our own house as well and not parrot the same anti h1 rhetoric in IV forum.
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