mnq1979
05-14 08:13 PM
I have couple of questions and would like GURUS to reply:
1) Can any one tell me that what triggers the Employment RFE. Like in what instances the USCIS sends the RFE for employment verfication.
2) I am not working for the employer who sponsered me for the green card, but i can always get the letter from him stating that the position for which he sponsered me is still available.
If i get the employment RFE will it be OK to send the letter from the employer who sponsored me or do i have to get the letter from my current employer.
Please shed some light on it. !!!!
1) Can any one tell me that what triggers the Employment RFE. Like in what instances the USCIS sends the RFE for employment verfication.
2) I am not working for the employer who sponsered me for the green card, but i can always get the letter from him stating that the position for which he sponsered me is still available.
If i get the employment RFE will it be OK to send the letter from the employer who sponsored me or do i have to get the letter from my current employer.
Please shed some light on it. !!!!
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greenerpastures
07-20 03:09 PM
I have a few questions and much thanks for those who answer.
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
MScapbust,
You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
Good luck
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
MScapbust,
You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
Good luck
valatharv
07-16 01:28 PM
Thank you so much for support...
It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
I have heard that it helps.
It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
I have heard that it helps.
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chanlal
07-31 11:50 AM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
more...
coopheal
05-05 12:20 AM
Date of sign up: May 4, 2009
Subscription Name: Donation to Support Immigration Voice (User: coopheal)
Subscription Number: S-22G6*****
Subscription Terms:
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------------------------------------------
Subscription Name: Donation to Support Immigration Voice (User: coopheal)
Subscription Number: S-22G6*****
Subscription Terms:
$25.00 USD for 12 months
------------------------------------------
sixburgh
06-28 06:03 PM
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Thanks for your reply. It helps understand the process.
The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Thanks for your reply. It helps understand the process.
The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.
more...
GCHope2011
06-28 06:52 PM
If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
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SGP
04-14 06:29 AM
Hi,
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.
So, can you
1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes
and not raise any of the following red flags :
1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.
2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised
3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine
4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US
5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not
Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.
Please see my replies in Bold Dark Green.
____________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.
So, can you
1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes
and not raise any of the following red flags :
1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.
2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised
3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine
4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US
5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not
Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.
Please see my replies in Bold Dark Green.
____________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
more...
saileshdude
03-23 09:41 AM
I recently spoke to one of the murhty attorneys about this and they mentioned that if the delay is because of company issues then you can travel back on AP but however if the delay is because of some security check then it is best to wait for it.
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01-14 04:50 PM
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sk2006
08-19 01:34 PM
Intehan,
Thanks.
IV is great..
There are a few suckers who gave me red dots for this post.
This was my first post and I dont think I wrote anything offending.
Thanks.
IV is great..
There are a few suckers who gave me red dots for this post.
This was my first post and I dont think I wrote anything offending.
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johnamit
07-16 10:27 AM
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
do you know for sure? NO, then please close thread, its just a speculation and title is misleading.
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
do you know for sure? NO, then please close thread, its just a speculation and title is misleading.
more...
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mannan74
08-27 06:02 PM
The answer is right there for you
The following applicants do NOT qualify for appointments in the visa renewal category:
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
You came on F1 and now want to get stamping based on H1, Ditto for your wife.
So not sure what your question is?
The following applicants do NOT qualify for appointments in the visa renewal category:
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
You came on F1 and now want to get stamping based on H1, Ditto for your wife.
So not sure what your question is?
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iwantgc
05-08 10:51 AM
Thanks for your opinion.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
more...
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grupak
08-11 10:12 AM
Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.
wandmaker is correct.
Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.
In any event, should call USCIS to confirm change of address on pending applications.
wandmaker is correct.
Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.
In any event, should call USCIS to confirm change of address on pending applications.
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sunny26
06-18 01:33 PM
hi
yes. that what my lawyer says.i have only two months so going in person for renewal.
Does the passport have to be valid for at least 6 months at the time of filing 485?
yes. that what my lawyer says.i have only two months so going in person for renewal.
Does the passport have to be valid for at least 6 months at the time of filing 485?
more...
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adobe howm
07-23 12:10 PM
ya , in ur words agents
as many have replied to you, again I underline this -in the first place you wouldn't have applied two h-1b's - ended some*one*s dream of coming here & work like you.
don't take me wrong. this is your *homework* dude...something you have to do from your part - I would do some little research, check with dudes who are working on either firms, look back their little history. it is important for you just do that. or this is not the place to discuss who is best employer and best place to live. there are numerous forums do exists - you can google it.
All the best.
as many have replied to you, again I underline this -in the first place you wouldn't have applied two h-1b's - ended some*one*s dream of coming here & work like you.
don't take me wrong. this is your *homework* dude...something you have to do from your part - I would do some little research, check with dudes who are working on either firms, look back their little history. it is important for you just do that. or this is not the place to discuss who is best employer and best place to live. there are numerous forums do exists - you can google it.
All the best.
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jotv
11-04 01:37 AM
Hai ,
Sorry For The Late Reply and Thank You For All Your Responses.
I Need The Details About " Medical Transcription " Job .
Because Some One Told Me That We Will Get That Job Quickly .thats Why I Am Asking The Details . If You Know Please Respond To This Message .thank You In Advance.
Sorry For The Late Reply and Thank You For All Your Responses.
I Need The Details About " Medical Transcription " Job .
Because Some One Told Me That We Will Get That Job Quickly .thats Why I Am Asking The Details . If You Know Please Respond To This Message .thank You In Advance.
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LongJourny
02-03 10:54 PM
Hi Guys,
Thought you might interested in my case status. I have visited chennai consulate and my case was approved without any questions raised. They did not even asked any documents for verification. All I submitted were DS 156, DS 157 AND I797. I am glad to share my experience. Thanks for offering suggestions and sharing your experience. :D
Thought you might interested in my case status. I have visited chennai consulate and my case was approved without any questions raised. They did not even asked any documents for verification. All I submitted were DS 156, DS 157 AND I797. I am glad to share my experience. Thanks for offering suggestions and sharing your experience. :D
anoopraj2010
07-30 01:39 PM
Well my questions are more coming from the part that if something happens to me before I become a citizen what will happen to her application?
Why wait for citizenship - will it make sense to go and file a new app alongside for fb2 which is less retrogressed and atleast has some hope..
Why wait for citizenship - will it make sense to go and file a new app alongside for fb2 which is less retrogressed and atleast has some hope..
cfan666666
06-22 03:45 PM
Thank you for the information,
according to this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
There are many mailing addresses for TSC
USCIS TSC
P.O. Box 851983
Mesquite, TX 75185-1983
USCIS TSC
P.O. Box 850965
Mesquite, TX 751185-0965
USCIS TSC
PO Box 850919
Mesquite, TX 75185-0919
USCIS TSC
PO Box 851182
Mesquite, TX 75185-1182
USCIS TSC
PO Box 852685
Mesquite, TX 75185-2685
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 279030
Dallas, TX 75227-9030
USCIS TSC
PO Box 851804
Mesquite, TX 75185-1804
Any idea for filing 485?
thank you and have a nice weekend.
according to this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
There are many mailing addresses for TSC
USCIS TSC
P.O. Box 851983
Mesquite, TX 75185-1983
USCIS TSC
P.O. Box 850965
Mesquite, TX 751185-0965
USCIS TSC
PO Box 850919
Mesquite, TX 75185-0919
USCIS TSC
PO Box 851182
Mesquite, TX 75185-1182
USCIS TSC
PO Box 852685
Mesquite, TX 75185-2685
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 279030
Dallas, TX 75227-9030
USCIS TSC
PO Box 851804
Mesquite, TX 75185-1804
Any idea for filing 485?
thank you and have a nice weekend.
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