loku
08-16 08:04 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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kirupa
11-12 02:09 PM
That bug does ring a bell actually. Resizing is a bit of a hassle in WPF - especially if you aren't using the default Windows chrome.
I will need to revisit this tutorial in the future and address some of the pain points that you and others have mentioned :)
I will need to revisit this tutorial in the future and address some of the pain points that you and others have mentioned :)
vshar
03-13 11:29 PM
It is form G-639. You can get it from USCIS website.
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eb2waiter
05-04 09:54 PM
the date
:rolleyes:(not number of days to president signs)
thanks
:rolleyes:(not number of days to president signs)
thanks
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krishmunn
03-29 07:16 PM
All,
Anyone can give some input on this ?
I have approved H1b renewal and my wife went to India and got h4 visa based on my approval, I have not stamped yet,
since my wife already got the visa stamped, do you think I need to verify for PIMS ?
or it should have been already verified .
Any idea?
Thanks
How do you verify for PIMS ? I am guessing you are saying that you plan to verify it before going for stamping. I am looking for an answer on how to verify PIMS on your own before going for stamping
Anyone can give some input on this ?
I have approved H1b renewal and my wife went to India and got h4 visa based on my approval, I have not stamped yet,
since my wife already got the visa stamped, do you think I need to verify for PIMS ?
or it should have been already verified .
Any idea?
Thanks
How do you verify for PIMS ? I am guessing you are saying that you plan to verify it before going for stamping. I am looking for an answer on how to verify PIMS on your own before going for stamping
utthesta
10-09 04:24 PM
This is the reply I got back from my attorney.
My case was filed in Texas Center but Texas couldn't process all the applications so they shipped some of them to California to do initial data entry. Now that California has finished with initial entry, they are sending it back to Texas.
My case was filed in Texas Center but Texas couldn't process all the applications so they shipped some of them to California to do initial data entry. Now that California has finished with initial entry, they are sending it back to Texas.
more...
dreamworld
10-26 12:52 PM
If you have any receipting issues.. try to participate on this call.
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gcslave
07-08 05:30 PM
I didn't get an email, but I checked my case status online and it has changed to Decision today. Waiting to get the snail mail. Hopefully, it will move to card production ordered soon. My wife has a FP appt on Jul 15, so I wasn't expecting to get approval before that, but I guess sometimes the surprises are pleasant.
PD - Mar 21, 2005
PD - Mar 21, 2005
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LondonTown
06-19 01:04 PM
Hi
My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
If there is a problem in stamping can i return on the old visa stamp.
Thanks
ANAND
I have been to the interview before approximately 60 days of visa expiration 3 times and no issues.
Last year when I went for interview I was told that my visa is approved and I will get the passport in 5-7 days but when I did not get the passport after 15 days I called embassy and was told that my case is in admin processing and will take up to 60 days. Since my previous visa was valid so I asked for my passport and got it and came on the old visa stamp.
My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
If there is a problem in stamping can i return on the old visa stamp.
Thanks
ANAND
I have been to the interview before approximately 60 days of visa expiration 3 times and no issues.
Last year when I went for interview I was told that my visa is approved and I will get the passport in 5-7 days but when I did not get the passport after 15 days I called embassy and was told that my case is in admin processing and will take up to 60 days. Since my previous visa was valid so I asked for my passport and got it and came on the old visa stamp.
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desitechie
06-03 06:17 PM
My current AP expires on 2 Aug 2009. I applied for renewal on 2 May and it was approved on the 20th. But the validity is only till 19 may 2010 and not 2 aug 2010.
I have lost almost 3 months here. Is it normal or a special case that i need to call USCIS?
Please advise.
Thanks
I have lost almost 3 months here. Is it normal or a special case that i need to call USCIS?
Please advise.
Thanks
more...
kaisersose
07-17 09:35 PM
Your lawyer is correct and so you are fine. There is no requirement that 140 has to be complete to apply for 485 even in substitution cases. People just choose to do it that way as substitution is slightly risky.
However, as long as you have a solid case, there is nothing to worry.
However, as long as you have a solid case, there is nothing to worry.
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alterego
12-04 07:23 PM
Indeed. 140s are getting a lot of RFEs nowadays and are once again taking nearly a year. It is a brave soul that will avail themselves of the AC21 180 portability provision without an approved 140 petition.
The main points are the following, if you get an RFE and it has anything to do with your employer eg. ability to pay etc, can you count on them to send in that paperwork. If your employer withdraws the 140 application then you are left without a plank to stand on for your 485 as well.
Basically you are on very thin ice if you invoke AC21 absent an approved 140. If you are contemplating such a move, you should atleast consider doing it on a H1b visa as back up.
These are my views, please consult an attorney.
The main points are the following, if you get an RFE and it has anything to do with your employer eg. ability to pay etc, can you count on them to send in that paperwork. If your employer withdraws the 140 application then you are left without a plank to stand on for your 485 as well.
Basically you are on very thin ice if you invoke AC21 absent an approved 140. If you are contemplating such a move, you should atleast consider doing it on a H1b visa as back up.
These are my views, please consult an attorney.
more...
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smohan
07-15 03:04 AM
Presently I am on H1B visa status, valid till March 2009. My PD is of June 2005 and I-140 was done in 2005 also, presently trapped in retrogression.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
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vasudev19
04-09 06:34 PM
Thanks for the reply..I have one question ,can I sponsor my in-laws visa in such situation ?
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Suva
07-19 04:12 PM
I have not received the receipt yet.
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jliechty
June 12th, 2006, 05:48 PM
I wish that the closest strawberries, which happen to be the brightest ones that draw attention, could be in better focus. Using a smaller aperture would bring more of the berries into focus. Otherwise, I really like the photo. Good job! :cool:
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WAIT_FOR_EVER_GC
08-24 10:05 AM
Any chances of Chances of Reconsidering this MEMO in the near future?
Economy my friend. This will not happen soon.
Economy my friend. This will not happen soon.
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Blog Feeds
05-03 08:40 AM
Arizona's new immigration law is a bad idea whether you are an anti or a supporter of comprehensive immigration reform. The reasons are different for each but the idea of a state taking crazy measures points to the failure of congress and the administration to take meaningful action to correct what is becoming a system that is failing the immigrant community and our entire nation.
What does the Arizona law do?
Arizona's law orders immigrants to carry their alien registration documents at all times and requires police to question people if there's reason to suspect they're in the United States illegally.
What do opponents say?
Critics, including immigrant advocates and the American Civil Liberties Union of Arizona, say they are concerned the law will foster racial profiling, arguing that most police officers don't have enough training to look past race while investigating a person's legal status.
It also targets those who hire illegal immigrant laborers or knowingly transport them.
Are other states considering similar legislation?
Michael Hethmon, general counsel for the Immigration Reform Law Institute, helped draft the language of the Arizona bill. Hethmon said lawmakers from four other states have approached him asking for advice on how they can do the same thing where they live. He declined to identify which states, citing attorney-client privilege.
Is federal immigration legislation coming?
Democrats say that if they don't get Republican commitments soon, they likely will push to move a bill without GOP support.
Democratic sources said the chances of passing immigration reform in that scenario this year are slim, but they want to make clear to key constituencies they are at least trying.
President Obama is still pushing for a bill, though.
Sen. Lindsey Graham of South Carolina is the only GOP senator on board, but he has told Democrats they will lose his support unless they find another Republican. Obama recently called Sen. Scott Brown, R-Massachusetts, to try to get him on board, a Brown spokeswoman said.
Bottom line is that this bill does not make Arizona safer or its residents free of criminals. It's anti-immigrant and unconstitutional.
More... (http://www.visalawyerblog.com/2010/04/arizona_new_law_so_what_does_i.html)
What does the Arizona law do?
Arizona's law orders immigrants to carry their alien registration documents at all times and requires police to question people if there's reason to suspect they're in the United States illegally.
What do opponents say?
Critics, including immigrant advocates and the American Civil Liberties Union of Arizona, say they are concerned the law will foster racial profiling, arguing that most police officers don't have enough training to look past race while investigating a person's legal status.
It also targets those who hire illegal immigrant laborers or knowingly transport them.
Are other states considering similar legislation?
Michael Hethmon, general counsel for the Immigration Reform Law Institute, helped draft the language of the Arizona bill. Hethmon said lawmakers from four other states have approached him asking for advice on how they can do the same thing where they live. He declined to identify which states, citing attorney-client privilege.
Is federal immigration legislation coming?
Democrats say that if they don't get Republican commitments soon, they likely will push to move a bill without GOP support.
Democratic sources said the chances of passing immigration reform in that scenario this year are slim, but they want to make clear to key constituencies they are at least trying.
President Obama is still pushing for a bill, though.
Sen. Lindsey Graham of South Carolina is the only GOP senator on board, but he has told Democrats they will lose his support unless they find another Republican. Obama recently called Sen. Scott Brown, R-Massachusetts, to try to get him on board, a Brown spokeswoman said.
Bottom line is that this bill does not make Arizona safer or its residents free of criminals. It's anti-immigrant and unconstitutional.
More... (http://www.visalawyerblog.com/2010/04/arizona_new_law_so_what_does_i.html)
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kvrr
04-27 09:00 PM
I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.
What options do I now have? Any options will be appreciated.
What options do I now have? Any options will be appreciated.
Blog Feeds
03-08 07:40 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjymI5CP2ylpz6PuwlCfGbFIAlh2Q2LKJOA9P3oI4MJFSkXxJcVpkWGfYxfDwJTciWcV5NzZlHzSfobxUQVmPVAE93OR-QqdLV8M96SBWahdwp0JAWuTlOmZ39xG52rbemOx39EWfbXmdg/s320/2010-03-07+alg_cuomo1.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjymI5CP2ylpz6PuwlCfGbFIAlh2Q2LKJOA9P3oI4MJFSkXxJcVpkWGfYxfDwJTciWcV5NzZlHzSfobxUQVmPVAE93OR-QqdLV8M96SBWahdwp0JAWuTlOmZ39xG52rbemOx39EWfbXmdg/s1600-h/2010-03-07+alg_cuomo1.jpg)
By Deborah Notkin, AILA Past President
Attorney General Andrew Cuomo has successfully carried out a crusade against the fraud and deception of "immigration consultants" who take advantage of unknowing and vulnerable immigrants. At a recent media conference, Cuomo indicated that his office is seeking civil remedies, at least initially against those involved in immigration assistance fraud because the first goal is to get restitution for victims. http://www.ag.ny.gov/media_center/2010/mar/mar1a_10.html
The latest victory in the fight against immigration fraud and victimization was announced by Cuomo's office on March 1, 2010. The Attorney Generals' Office has won a court judgment of more than $3 million against a "consultant" in Queens who has targeted and defrauded immigrants. In this case, the "consultant" routinely charged a retainer of $7,000 with fees often reaching up to $15,000 per person for the promise of permanent residence. The consultant wrongly claimed that she could get permanent resident status through alleged relationships with government officials. Of course, the services were never performed and the consultant routinely refused to give refunds or return documents.
As a result of Cuomo's lawsuit, the New York Supreme Court has ordered the consultant to pay full restitution to 37 families who came forward and demonstrated that they were defrauded by this consultant. An additional $2.7 million in penalties was imposed for engaging in the unauthorized practice of law and misrepresentation of services that could be performed. The consultant is also permanently restricted directly and indirectly from engaging in the business of immigration-related services.
Over the past several months, other consultants have been shut down and active investigations continue. The fight to end this blight on immigrant communities in New York City and State continues and serves as an example for all who are committed to fighting immigration fraud and the unauthorized practice of law.
https://blogger.googleusercontent.com/tracker/186823568153827945-5282899656706770162?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/03/new-york-attorney-general-cuomo-gets.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjymI5CP2ylpz6PuwlCfGbFIAlh2Q2LKJOA9P3oI4MJFSkXxJcVpkWGfYxfDwJTciWcV5NzZlHzSfobxUQVmPVAE93OR-QqdLV8M96SBWahdwp0JAWuTlOmZ39xG52rbemOx39EWfbXmdg/s320/2010-03-07+alg_cuomo1.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjymI5CP2ylpz6PuwlCfGbFIAlh2Q2LKJOA9P3oI4MJFSkXxJcVpkWGfYxfDwJTciWcV5NzZlHzSfobxUQVmPVAE93OR-QqdLV8M96SBWahdwp0JAWuTlOmZ39xG52rbemOx39EWfbXmdg/s1600-h/2010-03-07+alg_cuomo1.jpg)
By Deborah Notkin, AILA Past President
Attorney General Andrew Cuomo has successfully carried out a crusade against the fraud and deception of "immigration consultants" who take advantage of unknowing and vulnerable immigrants. At a recent media conference, Cuomo indicated that his office is seeking civil remedies, at least initially against those involved in immigration assistance fraud because the first goal is to get restitution for victims. http://www.ag.ny.gov/media_center/2010/mar/mar1a_10.html
The latest victory in the fight against immigration fraud and victimization was announced by Cuomo's office on March 1, 2010. The Attorney Generals' Office has won a court judgment of more than $3 million against a "consultant" in Queens who has targeted and defrauded immigrants. In this case, the "consultant" routinely charged a retainer of $7,000 with fees often reaching up to $15,000 per person for the promise of permanent residence. The consultant wrongly claimed that she could get permanent resident status through alleged relationships with government officials. Of course, the services were never performed and the consultant routinely refused to give refunds or return documents.
As a result of Cuomo's lawsuit, the New York Supreme Court has ordered the consultant to pay full restitution to 37 families who came forward and demonstrated that they were defrauded by this consultant. An additional $2.7 million in penalties was imposed for engaging in the unauthorized practice of law and misrepresentation of services that could be performed. The consultant is also permanently restricted directly and indirectly from engaging in the business of immigration-related services.
Over the past several months, other consultants have been shut down and active investigations continue. The fight to end this blight on immigrant communities in New York City and State continues and serves as an example for all who are committed to fighting immigration fraud and the unauthorized practice of law.
https://blogger.googleusercontent.com/tracker/186823568153827945-5282899656706770162?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/03/new-york-attorney-general-cuomo-gets.html)
lazycis
01-26 07:51 AM
my wife is US citizen , applied for permanent residency (green card) almost 6 months back , my interview was 2 days back, everything went thru alrite, the immigration officer said at the end of interview , " your case been aproved, but we did not get the background chk from FBI , as soon as we get it we are going to mail you the green card "
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
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