gcformeornot
01-29 05:52 PM
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
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akhilmahajan
08-28 12:37 PM
hi !
we have recently finished our finger printing ... can anyone tell me what will be the next step ..
thanks
Sir, you have done what ever you can do, now its the turn of the government.
So i will definitely request you to help IV in any way you can do.
I am sure you must be aware about the september 18th rally.
If you can join us, that will be the best thing to happen.
If for somewhat very good reason you cant i will really appreciate if you can spread the word around. Every or any kind of help will be really appreciated.
It is either on 18th of September or Never. Think over it hard
we have recently finished our finger printing ... can anyone tell me what will be the next step ..
thanks
Sir, you have done what ever you can do, now its the turn of the government.
So i will definitely request you to help IV in any way you can do.
I am sure you must be aware about the september 18th rally.
If you can join us, that will be the best thing to happen.
If for somewhat very good reason you cant i will really appreciate if you can spread the word around. Every or any kind of help will be really appreciated.
It is either on 18th of September or Never. Think over it hard
copsmart
08-18 07:50 PM
I am hoping someone can shed some light on this situation:
I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.
Any issue with Birth Certificate, Marriage Certificate (if you are a dependent), Medical report & etc could trigger an RFE.
May be your 140 is approvable & 485 will be approved as soon as you reply to the RFE.
I have seen other posts in this forum where people have reported that they received both 485 and 140 approvals together.
Whatever the RFE is, reply to it ASAP and you should be lucky enough to get your GC before the dates change.
Good luck.
I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.
Any issue with Birth Certificate, Marriage Certificate (if you are a dependent), Medical report & etc could trigger an RFE.
May be your 140 is approvable & 485 will be approved as soon as you reply to the RFE.
I have seen other posts in this forum where people have reported that they received both 485 and 140 approvals together.
Whatever the RFE is, reply to it ASAP and you should be lucky enough to get your GC before the dates change.
Good luck.
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cinqsit
02-09 06:30 PM
Please help...
For your LCA and H1 petition I would think you should mention DC as work location -- but check with an attorney
You should be also aware that you might get USCIS site visit at the location that you mention so be prepared for that
Dont know about payroll
cinqsit
For your LCA and H1 petition I would think you should mention DC as work location -- but check with an attorney
You should be also aware that you might get USCIS site visit at the location that you mention so be prepared for that
Dont know about payroll
cinqsit
more...
yabadaba
04-22 12:34 PM
it means your case has a new lud
vchip
04-07 04:28 PM
This is from my lawyer,
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
more...
dealsnet
09-10 12:48 PM
Nobody can file I-485 before their PD is current.
You need to wait 4+7 years to file I-485.
Till that point, you need to maintain a legal status here.
You need to wait 4+7 years to file I-485.
Till that point, you need to maintain a legal status here.
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Becks
02-23 09:40 PM
Start renewing your passport asap. Its not a good idea to send expired/to be soon expired passport to USCIS. We will never know what kind of questions they ask. So my advise is please renew the passport asap. It takes max 2 weeks (Indian passport not sure about other countries).
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waiting for GC2010
11-18 12:01 PM
is it? I am not aware of this.Anyways thankyou fide_champ.
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javadeveloper
08-08 10:01 AM
I think so , after july 2nd , my company waited for a week and applied on 9th july
more...
PHANI_TAVVALA
03-01 11:14 AM
Hi folks, i am in urgent situation and need your advice.
My 6-year H1B expires by end of April 2011 and I am quitting my job by the end of March and changing my status to H4. My I-140 has been approved, I-485 not submitted. Now I only have 1 month left in the 6-year H1B period and am in H4 after March, can I find a new employer to apply for H1B for me, using the 1 month? If yes, can the new employer apply for a 3-year H1B visa?
any comments/advices would be appreciated.
I guess your H4 is not approved yet and continuing your employment on H1B. Your best course of action would be to have your employer file an extension (beyond 6 years) for H1B and get a 3-year approval (with approved I-140). You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. You will need to restart your PERM and go through the whole process with your new employer ASAP.
My 6-year H1B expires by end of April 2011 and I am quitting my job by the end of March and changing my status to H4. My I-140 has been approved, I-485 not submitted. Now I only have 1 month left in the 6-year H1B period and am in H4 after March, can I find a new employer to apply for H1B for me, using the 1 month? If yes, can the new employer apply for a 3-year H1B visa?
any comments/advices would be appreciated.
I guess your H4 is not approved yet and continuing your employment on H1B. Your best course of action would be to have your employer file an extension (beyond 6 years) for H1B and get a 3-year approval (with approved I-140). You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. You will need to restart your PERM and go through the whole process with your new employer ASAP.
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natrajs
08-21 09:35 AM
Anybody?
Contact your local lawmaker with your case details
Call USCIS - NSC
Write to Ombudsman
I hope you did all of this already. If not don't wait anymore
Because you never know, when the new fiscal year begin on Oct 08 for the USCIS the EB2 dates may go back to Mid 2003 and it will not quickly move forward until July or Aug of 09.
Best Wishes and Good Luck
Contact your local lawmaker with your case details
Call USCIS - NSC
Write to Ombudsman
I hope you did all of this already. If not don't wait anymore
Because you never know, when the new fiscal year begin on Oct 08 for the USCIS the EB2 dates may go back to Mid 2003 and it will not quickly move forward until July or Aug of 09.
Best Wishes and Good Luck
more...
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RadioactveChimp
04-08 02:12 AM
hey thanks....especially from the "pixel-guru" himself ;)
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mss007
02-24 06:59 PM
No need I-485 receipt.. I came on AP they didn't asked the receipts of I-485
even if they ask the copies are enough.
No need to worry if she has original AP.
even if they ask the copies are enough.
No need to worry if she has original AP.
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chintu25
12-13 03:18 PM
:)
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americandesi
09-04 02:16 PM
To all fellow GC applicants and immigration gurus.I have this question to ask.I recently got my I-140 and applied I-485 (Aug 1 2007).
My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
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pawelw
07-05 12:42 PM
Thanks for your replies.
Do you know what is a common practice of USCIS in case they don't find our reply to such RFE good enough? Do they follow up with another RFE or just deny I140? I'm trying to figure out how much time will I have to pack my stuff if things go really bad :).
Do you know what is a common practice of USCIS in case they don't find our reply to such RFE good enough? Do they follow up with another RFE or just deny I140? I'm trying to figure out how much time will I have to pack my stuff if things go really bad :).
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good idea
02-17 12:39 AM
Hi,
My H1 is expiring on 31st March. And my employer applied for I129 which is recieved on 3rd Feb.; in case I do not get approval from USICS before/on 31st March, CAN I stay in USA & work?
And my DL is also expiring on same day but DMV is not ready to issue new DL until I get new approval. How can I get DL if I do not get approval doc by 31st macrh.
Is there any chance I do not get H1 approval (even after 31st March)...
regards...
My H1 is expiring on 31st March. And my employer applied for I129 which is recieved on 3rd Feb.; in case I do not get approval from USICS before/on 31st March, CAN I stay in USA & work?
And my DL is also expiring on same day but DMV is not ready to issue new DL until I get new approval. How can I get DL if I do not get approval doc by 31st macrh.
Is there any chance I do not get H1 approval (even after 31st March)...
regards...
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adnan_vijay
12-11 09:50 PM
Hello,
According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI’s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.
Hello Sir,
Thank you for the quick reply.
As my application have been lodge for almost 2.5 months now.
Can I please ask 'when' is the FBI name check done? Is the FBI name check the first thing that will be done?
How will I know that my FBI name check is successful?
Thank you once again.
:confused:
According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI’s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.
Hello Sir,
Thank you for the quick reply.
As my application have been lodge for almost 2.5 months now.
Can I please ask 'when' is the FBI name check done? Is the FBI name check the first thing that will be done?
How will I know that my FBI name check is successful?
Thank you once again.
:confused:
immigration1111
08-12 10:51 PM
Could anyone please respond to this???
greencard_fever
07-17 06:15 PM
Hi,My I-140 was approved on 07/02/2008.I recieved an email update and online status also showing Approval notice sent.This monday my attroney send me a copy of Approval notice.
Receipt Date :01/07/2008
Notice Date :01/09/2008
Approval Date:07/02/2008
Center :TSC
Category :EB2.
PD :Dec'2006.
No concurrent filing.
Waiting to file I-485.
Thanks
Rajesh
Congrats Rajesh!! But what your are trying to make a point here?
Receipt Date :01/07/2008
Notice Date :01/09/2008
Approval Date:07/02/2008
Center :TSC
Category :EB2.
PD :Dec'2006.
No concurrent filing.
Waiting to file I-485.
Thanks
Rajesh
Congrats Rajesh!! But what your are trying to make a point here?
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