cagedcactus
08-24 04:14 PM
This must be the worst immigrant experience I have heard.
I am sorry to hear that you have to go through this. You must approach social workers' group in your local area. They will help you get proper treatment from reliable sources, and they will also appoint you a lawyer if you cant afford one.
Dont let that loser off the hook. Despite of all emotions involved in this case, go after him hard and square. Make him pay for what he did to your daughter.
I dont know about your GC process, for which consulting an immigration lawyer is the best thing to do, right now you have a much important issue at hand than just a green card.
I am sorry to hear that you have to go through this. You must approach social workers' group in your local area. They will help you get proper treatment from reliable sources, and they will also appoint you a lawyer if you cant afford one.
Dont let that loser off the hook. Despite of all emotions involved in this case, go after him hard and square. Make him pay for what he did to your daughter.
I dont know about your GC process, for which consulting an immigration lawyer is the best thing to do, right now you have a much important issue at hand than just a green card.
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kamdard
09-12 04:23 PM
Just saw this one:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html
Hope this helps.
Regards,
kamdard.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html
Hope this helps.
Regards,
kamdard.
sertasheep
06-13 07:51 PM
Usually, even if the employer or attorney put their address, the USCIS mails the card to the address marked as the home address of the applicant.
Note that the I-765(EAD) and AP are not mandatory forms. Talk your employer into saying "these are not required right now, we can file later". And once he files the 485 and 140, you can always file the EAD and AP yourself (or use a lawyer).
I have a feeling he's trying to keep all documentation to himself. Don't let your guard down.
Purely my opinion.
Note that the I-765(EAD) and AP are not mandatory forms. Talk your employer into saying "these are not required right now, we can file later". And once he files the 485 and 140, you can always file the EAD and AP yourself (or use a lawyer).
I have a feeling he's trying to keep all documentation to himself. Don't let your guard down.
Purely my opinion.
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atiq4
10-07 04:35 PM
First time I applied Labor Certification (LC) in 2004(pending, not approved or denied) and second time I applied on PERM without porting the first Labor application date with same company, same catagory(EB3) and same job description which approved with PD Feb 2006. I applied 485 on july last year when all PD were current.
Question: Can I port my PD from the first Labor application date now.
Question: Can I port my PD from the first Labor application date now.
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gtg506p
01-07 10:24 AM
Had a quick question. Not sure if this has been discussed before. Planning to get wife here on H4 and she wants to study. I have applied for 485 and in retro now. Is it advisable to study on H4 or F1? I know she can work on F1 but would that not be advisable since lets say the VB does become current in future for me then filing her 485 might be a problem since F1 is pure non immigrant and USCIS might hold it againt her. Any info/simlar situations greatly appreciated.
Thanks
Amar
Thanks
Amar
Roni
06-11 10:43 PM
My employer let me signed 3 contracts. First was for the year 2006 then two for 2007. They said they just changed a few things but it is the same. The previous two contracts said if ever employment is terminated prior to an agreed date, reimbursement to the employer will be pro-rated. The 3rd contract was changed to reimbursing the employer the full amount of the contract which means H1B fees, recruitment fees, sign-on bonus and reimbursement. I was not aware that they've changed the reimbursement because I did not read the third contract anymore because they said it's the same.
Is it legal for the employer to charge the H1B employee the H1B fees, recruitment fee, sign-on bonus and reimbursements? I applied directly to my employer but they hired a recruiter and was just made aware of the huge amount after working for 3mos with them. They never gave me a copy of the total amount of my contract until I asked for it.
They filed for my I-140. It was already approved and just waiting for the I-485 to be filed.
Thank you so much for your help.
Is it legal for the employer to charge the H1B employee the H1B fees, recruitment fee, sign-on bonus and reimbursements? I applied directly to my employer but they hired a recruiter and was just made aware of the huge amount after working for 3mos with them. They never gave me a copy of the total amount of my contract until I asked for it.
They filed for my I-140. It was already approved and just waiting for the I-485 to be filed.
Thank you so much for your help.
more...
askreddy
01-27 09:17 AM
Hi
I went to local office yesterday. She sent mail to service center about the change in the name to have full first name for my 485 and 131.She also asked me to send letter to service center before they approve my 131 application.
Thanks
I went to local office yesterday. She sent mail to service center about the change in the name to have full first name for my 485 and 131.She also asked me to send letter to service center before they approve my 131 application.
Thanks
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permfiling
05-18 11:09 AM
If new position is similar in responsibilities, then no effect. but if the responsibilities are changing, I would recommend talking to your immigration lawyer about it
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
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Ann Ruben
06-30 07:05 PM
In order to be able to finally adjust status when your priority date become current you must either maintain a continuously valid advance parole or H-1 visa. Alternatively, you could file an I-824 requesting that your approved I-140 be transferred to the National Visa Center so that when your priority date becomes current you can apply at the US Consul in Canada for your immigrant visa.
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desixp
05-28 08:46 PM
Hi RayofLight,
Thanks for your effort. Will meet you at DC.
DesiXP
Thanks for your effort. Will meet you at DC.
DesiXP
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chintu123
12-21 02:04 PM
Hi ,
Here is my scenario
H4 visa----oct-2007 to sept-2010
Entered US---oct--2008 on h4
Filed for h1---april 2009
H1 approved---aug 2009
Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.
The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010(irrespective of me getting a project and he says i have to pay half of my taxes from my pocket that the employer would be entitled to pay and he will pay the rest and cut it from my payroll once i get a project).I am totally in a state of confusion and do not want to take any risk anymore regarding my status and from the employer(he is taking advantage of my situation).
My questions are
1. How safe is it to apply COS at this point
2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
3.in worst case if the payroll is not run by him what would be the best course of action
I would appreciate your response
Thanks
Here is my scenario
H4 visa----oct-2007 to sept-2010
Entered US---oct--2008 on h4
Filed for h1---april 2009
H1 approved---aug 2009
Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.
The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010(irrespective of me getting a project and he says i have to pay half of my taxes from my pocket that the employer would be entitled to pay and he will pay the rest and cut it from my payroll once i get a project).I am totally in a state of confusion and do not want to take any risk anymore regarding my status and from the employer(he is taking advantage of my situation).
My questions are
1. How safe is it to apply COS at this point
2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
3.in worst case if the payroll is not run by him what would be the best course of action
I would appreciate your response
Thanks
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desi3933
01-03 03:53 PM
Hi people, I am currently applying change of status from H1 to F1. Since my PERM got audit, and my h1 visa is going to expire in the end of January 2009, I need to change my status to F1 student visa in order to stay in the U.S legally. Now, I am trying to fill out the form I-539 by myself, and I got confused on:
part 4. additional information on 3g:"Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?"
I don't know should I put "YES" or "NO", I have never done "i-539 for change of status" on my first F1/OPT to H1 visa....but I actually worked in the U.S...
Can anyone help me to answer that? Thanks a lot!!!
>> Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?
The answer should be Yes.
Good Luck.
__________________________
Not a legal advice.
US Citizen of Indian Origin
part 4. additional information on 3g:"Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?"
I don't know should I put "YES" or "NO", I have never done "i-539 for change of status" on my first F1/OPT to H1 visa....but I actually worked in the U.S...
Can anyone help me to answer that? Thanks a lot!!!
>> Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?
The answer should be Yes.
Good Luck.
__________________________
Not a legal advice.
US Citizen of Indian Origin
more...
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metzkim
09-04 01:45 PM
Thank you for your reply.
I actually spoke to my candidate and he will now be using the premium service for his H1B and then resigning since he can transfer.
Now, the question I have is how expensive is it to transfer the H1B and can the candidate travel during the transfer?
Thank you
I actually spoke to my candidate and he will now be using the premium service for his H1B and then resigning since he can transfer.
Now, the question I have is how expensive is it to transfer the H1B and can the candidate travel during the transfer?
Thank you
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vinki
08-23 06:09 PM
Hi !
Our lawyer had posted our application on July 2nd and we had our fingerprinting scheduled for 21st august which was completed.
I checked my status on the USCIS site for the very first time today. And it says. "On July 30, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case" . Can anyone kindly explain me what this means ( how July 30th and what mail are they talking about ?we never received any! ) ...
Thanks..
Our lawyer had posted our application on July 2nd and we had our fingerprinting scheduled for 21st august which was completed.
I checked my status on the USCIS site for the very first time today. And it says. "On July 30, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case" . Can anyone kindly explain me what this means ( how July 30th and what mail are they talking about ?we never received any! ) ...
Thanks..
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tnite
11-07 11:45 AM
Gurus,
I have a question. I am a July 2nd 485, EAD, AP filer and I did not receive my AP yet. My H1 visa stamping got expired, and I am planning to go to India for 2 months. Can I leave US before my AP gets approved, hoping that it will be approved in the next 2 months time and my attorney will send the AP papers to my India address?
Is it possible, please advice.
Thanks
There is no official documentation for to do's and to not do's without AP.
But folks have gone to India without the AP and then got it fedexed while In India and used it to get back to US.
My brother in law did the same. I am not aware of the potential issues he might face in the future but will post so when something happens.
use it at your own discretion.
I have a question. I am a July 2nd 485, EAD, AP filer and I did not receive my AP yet. My H1 visa stamping got expired, and I am planning to go to India for 2 months. Can I leave US before my AP gets approved, hoping that it will be approved in the next 2 months time and my attorney will send the AP papers to my India address?
Is it possible, please advice.
Thanks
There is no official documentation for to do's and to not do's without AP.
But folks have gone to India without the AP and then got it fedexed while In India and used it to get back to US.
My brother in law did the same. I am not aware of the potential issues he might face in the future but will post so when something happens.
use it at your own discretion.
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ajaykk
11-08 01:43 PM
Thanks WebM for you reply.
More questions, what if I dont appear for visa for my H1 and comeback on AP? Is it ok to enter on AP without a valid visa?
Can I stay on H1 and apply for extension next year? Can I change employer in future?
Thanks
AJ
More questions, what if I dont appear for visa for my H1 and comeback on AP? Is it ok to enter on AP without a valid visa?
Can I stay on H1 and apply for extension next year? Can I change employer in future?
Thanks
AJ
more...
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roseball
03-30 10:32 AM
A few months ago, BEC would respond to emails from the beneficiary regarding case status if the beneficiary mailed from the company email Id. They would send a screenshot of your case details. You will have to include your name, company name, state applied from, and DOB. I did that several months ago and got a reply from DBEC. I sent them an email with my details requesting them to send my case details so I could file for my 7th year H1 extension and got back a reply with screenshot after 2 or 3 days. You can give that a shot but no guarantees that BEC will respond as I heard they stopped doing that now. You can get the email Ids for 7th yr H1 ext email queries from the DOLs site. Good Luck.
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NNReddy
05-24 11:06 PM
Did you apply for 2 extensions during one visit or during different visits. What kind of financial support are you talking about?
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roseball
03-07 11:03 PM
My company filed my 7th year H1 extension and my wife's H4 petition at the same time in Dec 2006. USCIS online case status shows received and in process for both H1 and H4.
Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.
Thanks in advance.
Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.
Thanks in advance.
sunkara9
05-09 01:54 PM
Hi ,
I'm on H1B. Recently I joined new employer and the transfer is still in
pending status.
Among the documents required to sponsor for B2 visa, I'm supposed to
send copies of I-797 and I-94. I have old employers H1B approval notice
and I-94, but not of the new employers. I have the H1B receipt notice
related to the new employer.
Is it fine to sponsor for a B2 visa and for the visitors to attend the visa
interview in the US consulate with all the other essential documents
including new employers H1B receipt notice without the new employer H1B
approval notice.
Any of your valuable suggestions are welcome.
Thanks & Regards,
Sunkara
I'm on H1B. Recently I joined new employer and the transfer is still in
pending status.
Among the documents required to sponsor for B2 visa, I'm supposed to
send copies of I-797 and I-94. I have old employers H1B approval notice
and I-94, but not of the new employers. I have the H1B receipt notice
related to the new employer.
Is it fine to sponsor for a B2 visa and for the visitors to attend the visa
interview in the US consulate with all the other essential documents
including new employers H1B receipt notice without the new employer H1B
approval notice.
Any of your valuable suggestions are welcome.
Thanks & Regards,
Sunkara
idd
09-18 09:10 PM
poor guy... =\
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