manish1905
10-06 02:31 PM
I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.
I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.
Does any one else had same experience?
How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.
I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.
Does any one else had same experience?
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diptam
02-10 10:25 PM
Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ??? .... I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that makes no sense at all. Its a 'No-Brainer' ....
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play... Advantage :- One advantage of EAD is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play... Advantage :- One advantage of EAD is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
hopelessGC
04-20 10:34 AM
Hi Guys,
I got the good news to share every one. got the approval . its wonderful
This one is playing a joke...but if it is indeed true then it is a MIRACLE :confused:
I got the good news to share every one. got the approval . its wonderful
This one is playing a joke...but if it is indeed true then it is a MIRACLE :confused:
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gcformeornot
01-12 09:56 AM
^^^^
more...
gconmymind
05-12 06:59 PM
Absolutely
the only requirement is if we can strictly follow what has been mentioned in the post.
Its like this .. would we be ready to drop $1000 or $2000 to get GC years earlier?
i think the answer in my case is yes.
You have noble intentions and I salute your spirit but it does not make practical sense to try and raise $1M when on the other thread, we have not even touched $15K!! At least, this will not happen with a donations only campaign. If a corporate were to sponsor, thats a different thing..
Again, I think all (ok, most!) the members would donate $2000 if there was assurance/certainty of positive outcome. A lot of people are sitting on the sidelines, hoping for a positive outcome, without contributing time and/or money.
People, please contribute time and money towards IV to help yourselves!
the only requirement is if we can strictly follow what has been mentioned in the post.
Its like this .. would we be ready to drop $1000 or $2000 to get GC years earlier?
i think the answer in my case is yes.
You have noble intentions and I salute your spirit but it does not make practical sense to try and raise $1M when on the other thread, we have not even touched $15K!! At least, this will not happen with a donations only campaign. If a corporate were to sponsor, thats a different thing..
Again, I think all (ok, most!) the members would donate $2000 if there was assurance/certainty of positive outcome. A lot of people are sitting on the sidelines, hoping for a positive outcome, without contributing time and/or money.
People, please contribute time and money towards IV to help yourselves!
optimystic
04-21 04:24 PM
hi friends,
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated
Load balancing is one of the primary reasons.
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated
Load balancing is one of the primary reasons.
more...
Pawankalyan
11-16 12:21 PM
Don't worry about processing dates..
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
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pointlesswait
11-26 02:50 PM
there was nothing to be so touchy in those two lines of mine!
more...
unaikax
01-04 07:15 PM
I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?
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thomachan72
09-04 03:44 PM
Man...in what category they gave you the GC. Is it for your good Gelf english or for your analytical skill. Did you consider the new borns before concluding 'In 1-2 years every one wil be finished.' Come with more ammo (means more Ammunition and dont come with more girls) :eek:
Not good words to use and not good way to react while in mourning and praying for lost souls brother:D;)
Not good words to use and not good way to react while in mourning and praying for lost souls brother:D;)
more...
rameshvaid
07-01 03:28 PM
My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.
Thanks
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
Thanks
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
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Mumbai_girl
12-02 11:22 AM
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
more...
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msyedy
01-25 06:03 PM
:D :D :D
That's hilarious.
But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.
One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.
Secondly, their content is becoming like a tabloid's content would be.
I agree with you Logiclife.... When I call my parents in india, my father says
you should be getting your greencard soon, bush is giving greencards to legals.
Ab mai kya samjhaoon. Bush bhayya to sirf push ka naam lete hai magar
dam hi nahee Push karne ka.
Unko ab thode dinme gaddi se push kardiya jayega.
That's hilarious.
But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.
One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.
Secondly, their content is becoming like a tabloid's content would be.
I agree with you Logiclife.... When I call my parents in india, my father says
you should be getting your greencard soon, bush is giving greencards to legals.
Ab mai kya samjhaoon. Bush bhayya to sirf push ka naam lete hai magar
dam hi nahee Push karne ka.
Unko ab thode dinme gaddi se push kardiya jayega.
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rsayed
04-27 08:08 PM
there is no strive in senate....what r they goona debate? I don't think they are going to discuss other than circus if at all they do
Yep, true. But, sounds like there's just too many Bills floating around, this year!
Yep, true. But, sounds like there's just too many Bills floating around, this year!
more...
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chanduv23
05-11 11:32 AM
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
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burnt
12-12 03:39 PM
No questions asked about visa or 485. Just had to show my passport and AP document :)
Thanks for the response. My wife has started working on EAD. So when she comes back, will she have to enter on AP? And as you said, they would not ask for I-485 receipts...Correct? I don't have I-485 receipts and I am just scared that if they ask for it, and I don't have it, then what happens...
Do you know of someone who was asked for the I-485 receipts on their way back?
Thanks for the response. My wife has started working on EAD. So when she comes back, will she have to enter on AP? And as you said, they would not ask for I-485 receipts...Correct? I don't have I-485 receipts and I am just scared that if they ask for it, and I don't have it, then what happens...
Do you know of someone who was asked for the I-485 receipts on their way back?
more...
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pappu
11-19 11:11 AM
They posted it sometime back: But this does not talk about applications like II40 that were filed last year and still pending for some people in NSC. I140 for EB2 NIW is as late as August 01, 2006.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=67257de128ce5110VgnVCM1000004718190aRCR D
Advisory on Processing Times
In the past few months, USCIS has received a significant increase in the number of applications filed. As a result, processing times will likely become longer for applications filed after June 1, 2007.
USCIS is working hard to address the increased volume and will continue to provide additional information on application processing times as it becomes available. For more information, please see our Frequently Asked Questions on receipt delays.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=67257de128ce5110VgnVCM1000004718190aRCR D
Advisory on Processing Times
In the past few months, USCIS has received a significant increase in the number of applications filed. As a result, processing times will likely become longer for applications filed after June 1, 2007.
USCIS is working hard to address the increased volume and will continue to provide additional information on application processing times as it becomes available. For more information, please see our Frequently Asked Questions on receipt delays.
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09-07 01:40 PM
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eb3retro
06-19 10:07 PM
Hi
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
satyasaich
01-31 12:51 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
My suggestion would be to contact Murthy.com or Rajiv.s.Khanna to double check what i said
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
My suggestion would be to contact Murthy.com or Rajiv.s.Khanna to double check what i said
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
newbie2020
05-18 08:01 PM
We should note that this bill was introduced in mid march and we didn't have any clue (including IV) sometimes chances of such bills may be easier to pass if the bill author chooses to include the provisions into another bill. Sometimes it better to stay low and get the provisions passed..;) ..... Overall i feel the provisions of this bill may get included into another one like 6039 or so
Contacting the authors and seeking their support will surely benefit us,
What do u guys think?
Contacting the authors and seeking their support will surely benefit us,
What do u guys think?
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