Wednesday, June 15, 2011

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  • pappu
    12-19 03:15 PM
    Thank you paskal.




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  • martinvisalaw
    08-18 12:46 PM
    The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.

    I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.

    I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.

    See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).




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  • UKannan
    03-31 11:57 AM
    This guy might not have even seen the airport/airplane�.:rolleyes:




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  • shreekhand
    08-12 05:54 PM
    OP,

    Your PD has been current for only 12 days, it is in no way overdue. I would seriously continue to find more info and scale up efforts only after a couple of months. The real test of patience begins after the PD has become current.

    That said, I have seen others get the reply you got before and then gotten approved in a few weeks



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  • GCwaitforever
    12-14 05:08 PM
    1. You can write to USCIS to extend your OPT period.

    If your home country has a problem - like Famine, Earth Quake, Tsunami, Military Coup or another civil unrest, you can claim hardship in returning to your home country and ask for extension on that basis. God forbid, let us pray nothing like that should happen in your home country just for the sake of your OPT extension.

    I do not know the validity of your status during your request for extension. Will the EAD be considered extended automatically till USCIS answers your request? Check with your student advisor as some students might have done this before.

    2. Ask your company to put you under training (H-3 Visa). This has come up quite a few times in this forum.




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  • priti8888
    02-18 06:19 PM
    Maintaining legal visa status is not considered a deductible employee business expense. The IRS considers this as a personal expenditure


    http://www.neidhartcpa.com/deduct.html


    Medical expenses may be deductible but it won't exceed 7.5 % of your AGI so eventually it wont be deductible.



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  • deeph
    07-21 04:12 PM
    IV should work closely with Senator Cornyn on this amendment. IV can contact him and talk about re-introducing the amendment and can coordinate w/ him in persuing other senators.

    IV should directly bring up issue w/ Senator Hiliary Clinton. She is getting lot of contribution from Indian community. Her action do not match her words of supporting our cause.

    IV should coordinate both and we can follow.




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  • kondur_007
    09-22 09:58 AM
    I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.

    I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.

    I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?

    Well, you have two options:

    1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.

    2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).

    3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.

    I would suggest option 1,2 and 3 in that order as "desirability" of your situation.

    Again I am not a lawyer, but this is what I can suggest as far as I know.

    Good Luck.



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  • Steven-T
    March 15th, 2004, 08:54 AM
    Obviously we all love cameras, how many of you have or are considering getting a camera phone?
    No, I am using a company cheap phone . . . No intension to buy my own phone. But a lot of my friends and relatives got one. This is just like the PDA. It's the fashion.

    When I was in Philips Island watching pengiums in nature, no cameras are allowed. But the guy next to me are using a cell phone pretending talking to his friend, and snapping pictures . . .

    Steven




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  • helpmeExperts
    01-13 12:00 PM
    Hi

    i just saw your thread about FOI.

    please care to share with me how can i do that.

    plz reply to my message

    thanks a ton!



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  • desi3933
    05-15 04:17 PM
    I believe that in the original post, Keerthi indicated that he was in India.

    I apologize for the confusion.

    I understood that you have replied for mchhokar's question.
    Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?

    Please accept my apologizes and thanks for the clarification.




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  • immi_seeker
    07-12 10:10 PM
    Thanks for the responses. Will call uscis on monday.



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  • Cheran
    04-06 10:28 AM
    This is talking about I-140 and not I-485.....

    My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!

    Could you elaborate why you say this is about I140? I couldn't derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I don't think there will be any action, period.
    The whole thing is written as if June 2007 happened by mistake, I don't buy that.




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  • reddyram
    07-19 01:36 PM
    There are too many If's and Buts over here.
    If you confront your company telling them you want to leave , they will immediately summon you to return back to India. There is NO WAY where you can be in US, X fer H1 and keep them happy..IMHO ..I doubt any.They have very strict dictum because this the biggest fear - ur using them instead of them using u .
    So u can respectfully return back to India , to keep them happy and then start all over again OR
    u can do some hunting :
    <> Prev WIPRO employees "Jumping" record. What happened to them
    <> Date some HR , BA pass , aunty over there . "Make her happy aunty " every day and night :D and then she will tell u , in realistic terms how ur company pursues cases like u so u know what is the likely outcome.



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  • gcformeornot
    01-11 04:26 PM
    I was laid off this week. I have been trying to find job and i feel its not going to be easy to find a job. If thing wont work by April, I m thinking to move back India.


    PD : EB2 I - OCT 2004
    I140 approved, I 485 pending > 180 days. On EAD
    50 Dollars monthy contribution to IV.

    about your situation. I have a friend, his company has said if they don't find project in a week, they will have to move him back. And its not a small company. Its like no 3 Indian software comapny




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  • digital2k
    08-03 06:25 PM
    *



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  • martinvisalaw
    01-06 05:42 PM
    Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.

    I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!




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  • rb_248
    09-10 03:26 PM
    Got the cards in the mail. My online case status says the application is still pending.

    Folks (those whose PDs are current this month),

    Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.

    This is what my attorney had to say:

    The USCIS online status system is maintained by contract workers and is often inaccurate.

    My Online status got updated today. Snail mail is faster than email - happens only with USCIS. Anyways, my journey is over. Good luck to others.




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  • waitingnwaiting
    02-11 12:00 PM
    I suggest IV not sharing any more information to free members like us. Sensitive information should not be shared. Even anti immigrants read our forums. We will know if IV thinks it is okay to share. Let people who give their time and money to IV to help us have it as an incentive for helping all of us. Getting a bill passed is more important than knowing about the bill.




    indyanguy
    02-23 06:37 PM
    I already finished 14month 8days and still pending in NSC

    14 months 8 days!!! I am already getting frustrated after waiting for 7 months (NSC) :mad::mad::mad:




    gc_wannabe
    06-17 03:30 AM
    that dates being current is not an indication of you getting your GC. The dates have to be current for a long time for you to see the approval.

    It is very unfortunate that your lives can be tied to this dates circus. :(

    Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.

    it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.



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