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  • das0
    03-09 12:59 PM
    Hi,

    Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

    This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

    Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

    they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

    1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

    2. Should i ask for a job offer later stating a new hire date of Oct 1st?

    3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

    Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

    Will appreciate any feedback on my 3 questions/concerns above - than ks.





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  • waitnwatch
    12-07 06:49 PM
    Note that once you get a new passport the old one will be stamped as cancelled. So effectively you only get to use the new passport and all stamping will be done on that.

    for payal nag

    did you by any chance not send the extra $15 or so which guarantees overnight delivery. My experience is that I got my new passport back within 7 days. Same with my wife's passport. This is SF I am talking about.





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  • saketkapur
    08-18 06:22 PM
    please pardon my ignorance but I was under the assumption that labor subsitution policy was discontinued by the USCIS on july 16 2007...........

    please correct me if I am wrong or not reading the particulars of this case correctly.......





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  • cinqsit
    09-15 10:57 PM
    This kind of happened to me. Got the AP approval email then after 4 days got EAD approval email. Got EAD card in the mail a week after that.

    And surprisingly got AP in mail a whole week after that. Looking at the AP
    envelope it was postmarked after the EAD card was actually put in mail.

    So it might be that your AP is on its way. But 30 days sounds a lot of
    time. I would try and talk to the customer service and open a SR.

    cinqsit



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  • sgorla
    04-13 05:45 PM
    You are right.

    Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?





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  • piyu7444
    04-03 02:51 AM
    I opened a service request last week regarding the pending I 485 case. Today I got the following letter in mail. "We are actively processing your case. However we have to perform additional review on this case. Contact us after 6 months." . When I opened a SR last year I got the same response.
    I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.

    The same thing happened with me also...........this is just plain BS to put us off for atleast 6 months. USCIS does not even tries to find where the hell the case is and will send you the standard letter.

    Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.



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  • hopelessGC
    04-28 11:44 AM
    Very similar issue happened with my relative just a couple of months ago.

    Her I-140 was denied and H1-B expired in January 2009. There was nothing she could do. The company refused to extend H1-B based on the old labor and applied for a new labor instead. The issue with her I-140 was an incorrectly filed labor under EB2 instead of EB3.

    Now she quickly moved to B1 (Visitor visa) on the suggestion of her lawyer to maintain status.

    Since you have the option of renewing your H1-B, that is probably the best thing to do. Good luck to you :)





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  • deepakbh
    05-05 10:19 PM
    Friends,

    This is my first post.Any inputs would be highly appreciated.

    My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
    off from my company on March 13 2009.My company lawyer told me that
    they wont send anything about my GC application but they will have to
    send notification revoking my H1B to USCIS as per the law. I guess
    this could have triggered my RFE. I applied for EAD immediately as an
    AOS applicant and got it on march 31 2009 ( for 2 years)

    I recently got an RFE asking me to re-submit G-325A ,Current
    Employment verification letter and proof of employment after march 13
    2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
    my suspicion about revoked H1B triggering RFE). Right now I don't
    have a job and it doesn't look like i will get any before may 31st
    2009 (the deadline for answering the RFE). What are my options?Here is
    what I read and thought

    Option 1:I have an EVL from my last company dated march 2 2009.Can I
    send that ?In my G-325A I would though need to mention the exact dates
    with no present employment.Can it lead to automatic denial and make me
    illegal? Should this be an option? My assumption here is that the RFE
    is just to complete the documentation and that the case will be
    adjudicated when my date becomes current.Before that I should be able
    to get a job and send the paperwork.

    Option 2:I also read on Internet that I can send a future intent of
    employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
    possible language of that be? This can give me time till my date
    becomes current (which should be good enough to find a new job) .

    Option 3:I talked to a consultant and he is ready to give me a EVL .
    For this he would need to put me on his payroll ( obviously at a big
    cost) .He said that i would have to be on his payroll for atleast 3
    months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .

    I really don't know anything beyond this. I would really appreciate
    your opinions on the feasibility of these options or any other ones
    that might exist. Right now I am lost and dont know what works best
    for me.

    To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?

    Thanks and really appreciate any input.



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  • gemini23
    11-20 01:37 PM
    can anyone answer my question above.

    since a copy of current I-797 is needed for renewing EAD, is it mandatory to keep renewing H1 even if i want to just work on EAD?

    does anyone know for sure that a copy of CURRENT and VALID I-797 is needed for EAD renewal?





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  • ganguteli
    07-07 12:32 PM
    Why can't your friend post this himself?

    You are such a good friend that you care about his immigration needs. ;)



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  • Lasantha
    09-07 09:08 AM
    LOL - That's way too funny !!! :D





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  • munnu77
    07-17 04:14 PM
    My friend applied for PERM on April 1st and got approved yesterday.
    Just wanted to let the people know who have their perm pending, so they can calculate processing dates.

    thank you



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  • H1Girl
    08-31 10:56 PM
    Hey H1Girl, kriskris did not use the word "ATTRONEY".

    ATTORNEY - A professional*person authorized to practice law; conducts lawsuits or gives legal advice
    ATTRONEY - Word yet to be invented/discovered in english.


    Looks like you don't have any other work except finding typos on other's posts...Anyway, good catch...

    Please help the above guy if you can and try not to deviate the post...





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  • 485_spouse
    07-20 03:09 PM
    Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.

    The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
    If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.



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  • ghost
    09-21 04:38 PM
    Thanks! guys.....All in the same boat then....Screwed.....

    Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.

    Cheers!





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  • Vic
    11-19 08:10 AM
    Just wanted to update everyone - I did respond to the I-140 RFE with detailed information for the delay in getting the degree - and my 140 was approved without any further questions. I hope that no one else gets into this situation - but if anyone needs help - I will be more than willing to help in what ever way I can.

    Now......on to the GC :-)



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  • dvb123
    02-15 02:25 PM
    1) The per country limit for countries is 7% and for dependency is 2% . The FAM manual lists dependencies. Greenland is listed as a dependency. Greenland became an integral part of the Kingdom of Denmark in 1953.


    FAM Manual

    http://docs.google.com/viewer?a=v&q=..._ta2BfQz-cTCTg

    2) If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot overseas Union Territories of India be classified as dependencies

    Union Territories of India which are Islands (overseas from the governing foreign state i.e. India)

    Andaman and Nicobar Islands
    Dadra and Nagar Haveli
    Daman and Diu
    Lakshadweep


    http://india.gov.in/knowindia/union_territories.php

    United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia

    http://en.wikipedia.org/wiki/United_...ng_Territories





    3)


    22 CFR 40.1 - Definitions. - Code of Federal Regulations - Title 22: Foreign Relations - vLex

    (f) Dependent area means a colony or other component or dependent area overseas from the governing foreign state.

    http://cfr.vlex.com/vid/40-1-definitions-19720333





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  • belmontboy
    09-21 07:09 PM
    Hi, I am from India and applied for GC under EB2.my priority date is 01-21-2-2007.I filed concurrently I-140 and I-485 in july 2007. got my EAD and using it.EAD is valid for one more year.I-485 is still pending. my wife have filed a case against me in India.The indian court issued non bailable arrest warrent against me. I am not going to India to attend the court proceedings.Now the proceedings and non bailable arrest warrent against me is pending in indian court since 2 years. my indian passport has impounded by ministry of external affairs, India. The interpol in india has sent extradition papers to Interpol, washington D.C. there is no red corner notice issued against me. my questions are:

    1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?

    2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?

    3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.

    Kindly advise me.
    Thanks in advance.

    Are there any cash rewards for catching you? :D





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  • tnite
    08-03 12:53 PM
    I got I-140 Notice returned as undeliverable.

    I got email notification on June 26 as approved and we will mail it to you.
    After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.

    I have a question the letter attorny got is pdf file or original by mail(post).
    Who will get the I -140 aaproval original letter?


    your attorney or employer (whoever filed it) will get the approval notice.





    ajaykk
    08-09 10:44 AM
    FAQ #2 - clarified that forms with �Y� designation means that prior version of the form will not be rejected.

    Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
    A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.

    Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.





    gceveryone
    11-09 03:39 PM
    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)

    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)

    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)



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