ags123
08-28 09:08 PM
I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email
---------------------------
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
-------------------------------
Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).
I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
So with
a) H1 Revoked aug 28th
b) Address changed
c) AC21 not filed
I am thinking of not travelling. Am I overreacting here ?
---------------------------
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
-------------------------------
Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).
I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
So with
a) H1 Revoked aug 28th
b) Address changed
c) AC21 not filed
I am thinking of not travelling. Am I overreacting here ?
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shivarajan
09-20 01:46 AM
have been using mobissimo.com search engine for flights and works gr8. It's searches across all other travel sites. :p
probe
08-07 10:04 PM
I had seen similar post by some one and poster says he was asked to work with receipt by customer service of USCIS.But it can't be validated and again your employer will ask for renewed EAD to be frank this is a quagmire of uncertainties .
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Dhundhun
08-09 12:52 PM
11. All the files are stacked. IOs are making best effort to pick files from bottom. However stretching full arm (fishing) is not able to reach 2004 cases, instead 2005 or 2006 cases comes in hand.
12. 2004 cases are supposed to be at bottom. But because of Name Check, Infopass, etc. they are not in their expected locations. So later cases are being picked.
12. 2004 cases are supposed to be at bottom. But because of Name Check, Infopass, etc. they are not in their expected locations. So later cases are being picked.
more...
HRPRO
05-04 01:43 PM
What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
eswaraprasad73
02-15 01:55 PM
I went to Ottawa, Canada in January for visa stamping. I got Visa done.
On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.
Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.
Good Luck for your stamping.
On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.
Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.
Good Luck for your stamping.
more...
kris04
08-18 06:17 PM
:confused:Hi all,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
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kriskris
07-18 05:29 PM
I have a feeling in my mind that i made some mistakes in the 485 application. I may be wrong also. My lawyer was so busy on June 29 and she asked me to fill out all the forms. I tried my best to make it as accurate as possible. My other concern is my lawyer applied for my I-140 on 6/17 and got the receipt date of 6/28 in the email. Now i am not sure whether my lawyer had included that e mail copy (Since we haven't got the receipt notice in the postal mail) with my 485 packet sent on the same day which had reached the USCIS on July 2.
Are they going to reject my application just in case if my lawyer had missed that I 140 receipt copy???????????? or are they going to accept the app and RFE. If anybody had faced the similar situation, please help me to deal with this.
Are they going to reject my application just in case if my lawyer had missed that I 140 receipt copy???????????? or are they going to accept the app and RFE. If anybody had faced the similar situation, please help me to deal with this.
more...
saisiv
07-23 03:54 PM
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
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eagerr2i
07-16 11:40 PM
I have a friend holding a "Tourist Visa" and still back home. If an employer files I-140 for him, will that give him a risk of not allowed entry using Tourist Visa at the port of entry because he has an I-140 petition?
If he works for the same company abroad that filed for his i140, it should not be a problem. If he does not work and instead wants to come on a tourist visa, he might have problems.
If he works for the same company abroad that filed for his i140, it should not be a problem. If he does not work and instead wants to come on a tourist visa, he might have problems.
more...
smarth
06-02 11:34 AM
Hi,
I received today RFE on my I-485 from NSC, still my attorney didn't receive the notice.
Please tell what kind of RFE generally they give.
Thanks
I received today RFE on my I-485 from NSC, still my attorney didn't receive the notice.
Please tell what kind of RFE generally they give.
Thanks
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binadh
07-05 10:20 AM
Hey Gurus,
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
more...
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sobers
05-03 09:18 PM
In terms of fundraising IV crossed 100K ...that's awesome!
I'm, and i'm sure a lot of others, are curious where we ended up with the May 1st drive...I think ragz4 mentioned 107K somewhere...folks?
I'm, and i'm sure a lot of others, are curious where we ended up with the May 1st drive...I think ragz4 mentioned 107K somewhere...folks?
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gc_lover
07-24 12:17 PM
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
If you have a screenshot of approval, you can use that to file concurrently!
I am in exact same situation, except I have already filed on July 2nd. I am not very sure about this whole thing, but some lawyers are saying this only applies to people filing from July 17 to Aug 17th, I dont know. I will keep my fingers crossed and see what will happen to my application.
If you have a screenshot of approval, you can use that to file concurrently!
I am in exact same situation, except I have already filed on July 2nd. I am not very sure about this whole thing, but some lawyers are saying this only applies to people filing from July 17 to Aug 17th, I dont know. I will keep my fingers crossed and see what will happen to my application.
more...
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me_myself
12-19 05:08 PM
I found this while searching. That matches my scenario exactly - Please let me know if what the users have posted is accurate. i.e., i can be in india (without payroll) till my h1 validity - this would not have my h1 revoked.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=5481010971
Thanks.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=5481010971
Thanks.
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chint001
11-27 11:19 PM
I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.
I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.
I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).
Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
I guess you are right, attorney is the best way to go about it.
will post my out come here soon.
Till then please post your comments or views here.
Appreciate the responses!
I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.
I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).
Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
I guess you are right, attorney is the best way to go about it.
will post my out come here soon.
Till then please post your comments or views here.
Appreciate the responses!
more...
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garamchai2go
06-26 02:12 PM
I recently applied for EAD renewal and after three weeks of that I saw LUD changed on my 485 apllication for consequetive two days. Any Idea why ?
By the way my case is ACT 21 ( 485 filed on 2007 july) and my priority day is not even close to be current.
Any suggestions will be appreciated ?
Thanks
Did you happen to do address change(AR-11)??
By the way my case is ACT 21 ( 485 filed on 2007 july) and my priority day is not even close to be current.
Any suggestions will be appreciated ?
Thanks
Did you happen to do address change(AR-11)??
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GreenCard4US
08-21 10:53 PM
The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
Further Questions:
Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
Further Questions:
Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
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snathan
01-22 06:11 PM
Yes, ICICI bank do not allow more than 4 part pre-payments in a year. I am not sure if it is a calendar year. You can ask ICICI for the part pre-payment terms. When I inquired, they sent me a PDF file.
I had this issue because I wanted to pay-off my loan to avoid the increasing interest rate. Mine was floating. The officer who sold me the loan gave some misguiding concept "interest rate will go down when the economy is booming". But the reverse happened after I took the loan. I had a floating rate of 7% in Sept 2004. But within a year and half it almost crossed 12.5%.
I will try to find the email that ICICI sent regarding the part pre-payments terms.
Normally when the economy is booming, inflation will go up and central bank will increase the interest rate to contain that. The opposite will happen when the economy is going down
I had this issue because I wanted to pay-off my loan to avoid the increasing interest rate. Mine was floating. The officer who sold me the loan gave some misguiding concept "interest rate will go down when the economy is booming". But the reverse happened after I took the loan. I had a floating rate of 7% in Sept 2004. But within a year and half it almost crossed 12.5%.
I will try to find the email that ICICI sent regarding the part pre-payments terms.
Normally when the economy is booming, inflation will go up and central bank will increase the interest rate to contain that. The opposite will happen when the economy is going down
just_waiting
10-17 03:53 PM
Let me add one more wrinkle:
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
brb2
09-22 08:23 AM
Not really. I truly believe the Skill bill will be passed by mid next year to allow all STEM Masters to stay back and adjust status automatically like in Australia. There is a crisis in the US with very few students entering STEM and the US will very likely retain international students by hook or crook. This will also clear the queue for non US qualified temporary workers in the queue for green card.
The chances of the bill being passed in the current pre-election highly charged political atmosphere is minimal at best. But then one never knows..!
Thanks! guys.....All in the same boat then....Screwed.....
The chances of the bill being passed in the current pre-election highly charged political atmosphere is minimal at best. But then one never knows..!
Thanks! guys.....All in the same boat then....Screwed.....
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