Ann Ruben
01-24 05:18 PM
Unfortunately, you are now out of status, and you are no longer authorized to work. Your employer can file a new petition for you, but because you are not in legal H1 status, you are not entitled to an extension of H1 status. The same is true if a new employer files an H1 petition for you. In either case, you will have to leave the US, get a new H1 visa stamped in your passport and re-enter the US using that visa in order to regain legal H1 status with authorization to work.
Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.
Ann
Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.
Ann
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jackdaniels
06-11 06:46 PM
http://www.time.com/time/nation/article/0,8599,1631758,00.html?xid=rss-topstories
paskal
12-27 12:08 AM
Thank you all for participating in the call
the attendance was around 20 members
Thanks to our friends from MA/GA for joining the midwesterners
and thanks much to Ashish from the core group for his assistance and for briefing us.
We are set for a follow up call at 10pm CST tomorrow 12/27, call details are the same, those who could not make it today are welcome to join in as well.
Reminder:
Please send your contact details to me so we can create an effective group communication method.
the attendance was around 20 members
Thanks to our friends from MA/GA for joining the midwesterners
and thanks much to Ashish from the core group for his assistance and for briefing us.
We are set for a follow up call at 10pm CST tomorrow 12/27, call details are the same, those who could not make it today are welcome to join in as well.
Reminder:
Please send your contact details to me so we can create an effective group communication method.
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pointlesswait
11-26 02:50 PM
there was nothing to be so touchy in those two lines of mine!
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sku
01-09 04:03 PM
Is this survey for only "those who lost a job while waiting for GC" or does it include anyone and everyone?
I think ?
Also I will add...Please add note who you are refering too who lost the job like family member, friend, co-worker Or someone else
I think ?
Also I will add...Please add note who you are refering too who lost the job like family member, friend, co-worker Or someone else
deletedUser459
06-11 08:52 PM
it would be more fun if we vote for the ones we don't like
more...
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).
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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jungalee43
02-16 12:35 PM
The most important issue related to Retrogression is the 'per country of birth' quota. The problem of retrogression would be much less severe if this quota is abolished as it was done I believe in AC21. Can anyone confirm about this provision in AC21?
I have also noticed that in the immigration voice presentation though the problem of 'country quota' is very effectively highlighted, it is not included in the goals. Even the president's report mentions this quota as a problem. I would like to draw attention of the admin to this. Removal of this quota should be one of our primary goals. Of course recycling of lost numbers and not counting dependants against quota are important goals. Can admin include this in the goals slide? I am planning to take this presentation when I meet the local congressman who has so far responded to my correspondence very sympathetically.
I have also noticed that in the immigration voice presentation though the problem of 'country quota' is very effectively highlighted, it is not included in the goals. Even the president's report mentions this quota as a problem. I would like to draw attention of the admin to this. Removal of this quota should be one of our primary goals. Of course recycling of lost numbers and not counting dependants against quota are important goals. Can admin include this in the goals slide? I am planning to take this presentation when I meet the local congressman who has so far responded to my correspondence very sympathetically.
more...
tsarun11
07-12 05:33 PM
I have the same question. I have my labor approved (pre-approved labor) and I-140 approved. My PD is Nov-04. I don't have a copy of my approved I-140 and my company does not give it to me.
If I wish to change companies, how do I proceed - Is there a circumvent process?
If I wish to change companies, how do I proceed - Is there a circumvent process?
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guygeek007
11-06 02:17 PM
Hang in there my friend. My 140 was first filed in Jan 2006 and was RFE'd for ability to pay. This 140 was withdrawn and was refiled by my company's sister concern in June 2006. We waited for a year and then in June 2007, applied for premium processing just before that was closed down. The check and request for premium were returned with the reason that the original labor app was not provided. Then we received an RFE for ability to pay yet once again in Sept 2007. This was addressed in a very detailed fashion by the HR & CPA working closely with my attorney. Finally on Oct 31st there was the approval notice. Thus, my advice to you would be stay put and patient and it'll all work out. Good Luck!
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
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Ann Ruben
04-23 10:48 AM
If you are subject to the two-year home residence requirement, you cannot be granted H-1 status until a 212(e) waiver is granted. However, your employer can file an H-1 petition for you now. Once the petition is approved, AND the waiver is granted, you can either file with USCIS for a change of status, or you can apply for an H-1 visa abroad.
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ibbu_arif
11-17 01:12 PM
All,
Any help in answering my queries is appreciated.
Thanks
Any help in answering my queries is appreciated.
Thanks
more...
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eb3_nepa
08-14 02:47 PM
How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??
$745 is the CORRECT fee for 485+765+131 including the bio-metric fees. The USCIS must have screwed up. How else did one get received correctly and one get messed up!!??
$745 is the CORRECT fee for 485+765+131 including the bio-metric fees. The USCIS must have screwed up. How else did one get received correctly and one get messed up!!??
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jungalee43
03-01 08:19 PM
Is our fax campaign continuing or on hold for the time being?
We have learnt some lessons at the time of S1932. Our campaign was dead after HR4241 was passed and we were waiting for conference committe to be announced. This was the period when the campaign of NumbersUSA and FAIR actually peaked. They in fact advised members to stop faxes two days before the conference committee was announced. Their organizers knew how the conferences work and they finished work before the committee was formally announced.
Of course with QGA guiding us this time we are not going to repeat that mistake. Our campaigns should focus on senate and house separately & exactly when it is needed and must reach peak just at right time. With limited options available to us as 'aliens', actually meeting representitives or their staff should be the approach. One meeting is equal to ten faxes.
We have learnt some lessons at the time of S1932. Our campaign was dead after HR4241 was passed and we were waiting for conference committe to be announced. This was the period when the campaign of NumbersUSA and FAIR actually peaked. They in fact advised members to stop faxes two days before the conference committee was announced. Their organizers knew how the conferences work and they finished work before the committee was formally announced.
Of course with QGA guiding us this time we are not going to repeat that mistake. Our campaigns should focus on senate and house separately & exactly when it is needed and must reach peak just at right time. With limited options available to us as 'aliens', actually meeting representitives or their staff should be the approach. One meeting is equal to ten faxes.
more...
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PDDec05
06-29 10:08 PM
Seahawks,
Your lawyer is correct in saying that the USCIS will most likely not fix the problem by just writing to them.
I have been through this stupidity with the I-140 petition. While the case was pending, we found out that there was an error in the application form. We notified the USCIS but they still sent the approval notice with the first and last names interchanged. We wrote again, but they responded saying that it was not a USCIS error, the name of the beneficiary on the approval notice appears exactly as it is on the application form (and what about the supporting documents, you wonder!). So, they asked us to file an amended application.
We filed the I-140 again, with all the supporting documents, all the fees, etc. and got it approved.
The USCIS will not fix an error, that you have made, on their dime. Simply writing letters is not going to work - they probably want you to file an "Amended Petition". This is what should have been done in my case when we found the mistake; but we just kept writing letters.
You should call the USCIS and ask to speak to an expert who can tell you exactly what needs to be done. Also, when the USCIS representative answers the phone, they give you their identification number - take it down for future reference.
All the best
nixstorI don't have any input on that, my attorney told me he is busy, he has other applications that flood his office, even if he writes a letter, the wont do anything in USCIS, go for FP and explain to them the situation. He also said I should have looked at it! bummer
Your lawyer is correct in saying that the USCIS will most likely not fix the problem by just writing to them.
I have been through this stupidity with the I-140 petition. While the case was pending, we found out that there was an error in the application form. We notified the USCIS but they still sent the approval notice with the first and last names interchanged. We wrote again, but they responded saying that it was not a USCIS error, the name of the beneficiary on the approval notice appears exactly as it is on the application form (and what about the supporting documents, you wonder!). So, they asked us to file an amended application.
We filed the I-140 again, with all the supporting documents, all the fees, etc. and got it approved.
The USCIS will not fix an error, that you have made, on their dime. Simply writing letters is not going to work - they probably want you to file an "Amended Petition". This is what should have been done in my case when we found the mistake; but we just kept writing letters.
You should call the USCIS and ask to speak to an expert who can tell you exactly what needs to be done. Also, when the USCIS representative answers the phone, they give you their identification number - take it down for future reference.
All the best
nixstorI don't have any input on that, my attorney told me he is busy, he has other applications that flood his office, even if he writes a letter, the wont do anything in USCIS, go for FP and explain to them the situation. He also said I should have looked at it! bummer
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talash
11-19 01:52 PM
Any inputs ?
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fullerene
08-13 11:14 AM
From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
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Maverick1
11-13 05:08 PM
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
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santb1975
02-15 05:41 PM
I will keep you posted on how this goes.
May you have plenty of supporters coming your way.
I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.
May you have plenty of supporters coming your way.
I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.
h1techSlave
09-27 09:59 AM
The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
cox
October 23rd, 2005, 12:08 AM
I like the second shot a lot. Nicely done.
Thanks!
I think the third shot needs to be closer. There's a little too much negative space around the arrangement. Just my 2 cents.
I think you're right...
The first shot....I'm not too sure about that one. Technically, it looks fine but it's not holding my attention.
I think the first shot needs more light.
I took several exposures of this wreath, and was having a devil of a time getting the white roses to show detail, and the washed out green of the leaves from looking like B&W. Also, I think that my DoF was too shallow, but I was trying to avoid any detail showing in the velvet. If I knew more about what I was doing...
Thanks!
I think the third shot needs to be closer. There's a little too much negative space around the arrangement. Just my 2 cents.
I think you're right...
The first shot....I'm not too sure about that one. Technically, it looks fine but it's not holding my attention.
I think the first shot needs more light.
I took several exposures of this wreath, and was having a devil of a time getting the white roses to show detail, and the washed out green of the leaves from looking like B&W. Also, I think that my DoF was too shallow, but I was trying to avoid any detail showing in the velvet. If I knew more about what I was doing...
