LostInGCProcess
03-03 12:02 PM
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
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lonedesi
06-26 03:30 PM
Does IV have a summarized copy of the new proposed bill and the amendments?If you do, can you please post it for our understanding of the pros/cons of this bill
poorslumdog
09-04 12:20 PM
Guys,
Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..
1. xxxxxxxxx
2. yyyyyyyyy
3. zzzzzzzzz
Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.
You are more than welcome to give red dots.
Edited Note: I am really frustrated to see how you people interpreted this post. I am not from AP or any of those poor souls. In fact they do not even know who is YSR. They all died due natural cause and age. They are all more than eighty years old. I was trying to emphasis, in this forum we do not need to discuss about YSR. He might be a beloved leader for someone and corrupt for others. Whatever may be the case take your discussion to the relevant place. The reason I started this thread to emphasis that there are lot of people dying across the country and around the world and we do not need to hold prayer for every one or they poor souls are not different from YSR and they also deserve to be remembered in our prayers. But you highly educated folks did not understand that and gave more reds or am I not presenting it properly...?
Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..
1. xxxxxxxxx
2. yyyyyyyyy
3. zzzzzzzzz
Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.
You are more than welcome to give red dots.
Edited Note: I am really frustrated to see how you people interpreted this post. I am not from AP or any of those poor souls. In fact they do not even know who is YSR. They all died due natural cause and age. They are all more than eighty years old. I was trying to emphasis, in this forum we do not need to discuss about YSR. He might be a beloved leader for someone and corrupt for others. Whatever may be the case take your discussion to the relevant place. The reason I started this thread to emphasis that there are lot of people dying across the country and around the world and we do not need to hold prayer for every one or they poor souls are not different from YSR and they also deserve to be remembered in our prayers. But you highly educated folks did not understand that and gave more reds or am I not presenting it properly...?
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LONGGCQUE
07-18 01:29 PM
ineedhelp,
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
more...
sieger007
05-17 12:53 PM
Hi Folks
1 ) I just read that EB2 has retrogressed to 2000.Now IF I ALREADY FOR 140 APPROVED AND IF I GOT EAD ALREADY does that Labor filing priority date apply to GC too ?
2) I got EAD and I am waiting for my GC.My 140 Is also approved .
I filed under EB2 and I got AP and EAD Card Nov 2008. Since then I am getting all paystubs ( from Aug 08) from the sponsoring employer. I left this employer in 2006 and joined him back in Jan 2008.
I believe I applied via NE Processing Center.
How long before I get my GC.
3) From Nov 2006 to Jan 08 working in India and come to US on B1 and returned back to India. Jan 08 continued with same employer.Would this cause problems with my GC.
What about the FBI name check thing - is that going to cause delays
4) BY W2 SALARY IN 2008 IS ONLY SOME 38K AS , I WORKED AUG 08 ONWARDS ONLY. BUT JAN 09 ONWARDS I AM ON PROJECT GETTING FULL SALARY.
CAN U PLEASE LET ME KNOW IF THIS TOO WILL FACTOR MY GC .
MANY MANY MANY THANKS.
DHANYAVAAD
Please somone reply
Thanks
Sam
1 ) I just read that EB2 has retrogressed to 2000.Now IF I ALREADY FOR 140 APPROVED AND IF I GOT EAD ALREADY does that Labor filing priority date apply to GC too ?
2) I got EAD and I am waiting for my GC.My 140 Is also approved .
I filed under EB2 and I got AP and EAD Card Nov 2008. Since then I am getting all paystubs ( from Aug 08) from the sponsoring employer. I left this employer in 2006 and joined him back in Jan 2008.
I believe I applied via NE Processing Center.
How long before I get my GC.
3) From Nov 2006 to Jan 08 working in India and come to US on B1 and returned back to India. Jan 08 continued with same employer.Would this cause problems with my GC.
What about the FBI name check thing - is that going to cause delays
4) BY W2 SALARY IN 2008 IS ONLY SOME 38K AS , I WORKED AUG 08 ONWARDS ONLY. BUT JAN 09 ONWARDS I AM ON PROJECT GETTING FULL SALARY.
CAN U PLEASE LET ME KNOW IF THIS TOO WILL FACTOR MY GC .
MANY MANY MANY THANKS.
DHANYAVAAD
Please somone reply
Thanks
Sam
gccube
04-21 03:19 PM
Congratulations on getting your GC !!!
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
last summer. The only two LUDs I have noticed on my I-485 are
1. 8/22/2007 :: This is after my FP
2. 04/21/2008 (Today) :: This is after my I-485 is approved.
I have not noticed an LUD even late last night.
Interestingly, the TSC processing dates have moved to June 29 2007 in the newly released processing times and my RD (06/21/2007) fall with in this period. So my approval could be a result of the progressed processing dates for this month.
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
last summer. The only two LUDs I have noticed on my I-485 are
1. 8/22/2007 :: This is after my FP
2. 04/21/2008 (Today) :: This is after my I-485 is approved.
I have not noticed an LUD even late last night.
Interestingly, the TSC processing dates have moved to June 29 2007 in the newly released processing times and my RD (06/21/2007) fall with in this period. So my approval could be a result of the progressed processing dates for this month.
more...
sk2006
07-14 10:47 PM
Hi,
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Dear Sangeetha,
For H1B you may not need exp letter.
However for I140, you will and you can get experience letter from Ex-Colleagues or Ex-Manager. It worked for me.
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Dear Sangeetha,
For H1B you may not need exp letter.
However for I140, you will and you can get experience letter from Ex-Colleagues or Ex-Manager. It worked for me.
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seahawks
07-19 12:58 AM
I mean i filed without both of those. Theyare required in the 140 phase , not in 485.
But keep them handy - in case they wants mail by next day air
if you are filing for your spouse and if you are sponsoring your spouse, you have to show evidence of income.. There is a form that you fill with it,.
But keep them handy - in case they wants mail by next day air
if you are filing for your spouse and if you are sponsoring your spouse, you have to show evidence of income.. There is a form that you fill with it,.
more...
Nil
11-10 02:54 PM
^^^^
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franklin
07-20 02:30 PM
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
Sure, but I have been told that you need both EAD and AP to be able to travel, not AP alone. Having H1B and AP is no point.
But, I've just re-read your answer - I understand about the H1B invalidated stuff now :) My point was more that AP and EAD seem to go hand in hand, I don't really understand why you wouldn't get both at the same time, especially if H1B has nearly expired.
Sure, but I have been told that you need both EAD and AP to be able to travel, not AP alone. Having H1B and AP is no point.
But, I've just re-read your answer - I understand about the H1B invalidated stuff now :) My point was more that AP and EAD seem to go hand in hand, I don't really understand why you wouldn't get both at the same time, especially if H1B has nearly expired.
more...
pappu
12-19 03:15 PM
Thank you paskal.
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CRAZYMONK
07-26 09:34 AM
I don't think the 2 question is valid as the GC is for future employment.
Hello,
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
Hello,
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
more...
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Sri_
02-27 02:31 PM
Hello,
I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.
FYI. I am also in similar situation. Applied on 07/02. I haven't received 485, EAD & AP receipts until now, though I have received FP Notice, EAD & AP Approval. I have called USCIS and made them create Service Request for which I didnot receive response even after 120 days. I took infopass appointment and the officer said that they have sent the receipt notice's in Sep' 07 and were not delivered back. But, me or my attorney haven't received receipts until now.
Sri_
I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.
FYI. I am also in similar situation. Applied on 07/02. I haven't received 485, EAD & AP receipts until now, though I have received FP Notice, EAD & AP Approval. I have called USCIS and made them create Service Request for which I didnot receive response even after 120 days. I took infopass appointment and the officer said that they have sent the receipt notice's in Sep' 07 and were not delivered back. But, me or my attorney haven't received receipts until now.
Sri_
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anurakt
01-20 10:27 AM
I have no answer for this, I guess someone in this forum who is a US graduate can help us.
more...
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chanduv23
07-27 03:03 PM
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
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gk_2000
04-29 09:10 PM
This is another fake story and push to try to get Congress to do something about easing immigration. 150K entrepreneurs have returned home. Really? I have not seen more than 100 Indian+Chinese NEW companies - worth their name - come up in the last at least 10 years. And about 5000 US firms that are making waves have come up in the US, 90% of which are started by born-Americans.
Moral: those that returned home were not entrepreneurs!
Not fair, Mr. GC Vivek. Debunking based on personal outlook. Do you watch out for Indian start-ups for a living? I doubt. Start-ups are just start-ups. None will be famous, until years later, when some of them slowly start getting some success. Do you expect every 10 person company to get mention in timesofindia.com? HA! What you say above, is what is nonsense.
Moral: those that returned home were not entrepreneurs!
Not fair, Mr. GC Vivek. Debunking based on personal outlook. Do you watch out for Indian start-ups for a living? I doubt. Start-ups are just start-ups. None will be famous, until years later, when some of them slowly start getting some success. Do you expect every 10 person company to get mention in timesofindia.com? HA! What you say above, is what is nonsense.
more...
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morphthecat
07-30 03:07 PM
how is the baby supposed to sponsor the parents ??
One option:
http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):
Cancellation of Removal
Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.
.....
I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.
One option:
http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):
Cancellation of Removal
Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.
.....
I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.
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GCard_Dream
01-31 01:09 PM
Hmmm.. I wonder if that's really the case. H1B extensions past 6 years is only allowed if the petitioner :
1. has a approved labor and 365 days have passed. OR
2. has a approved I-140
Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
1. has a approved labor and 365 days have passed. OR
2. has a approved I-140
Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
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anurag
02-12 02:12 PM
Freakin_GC,
I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.
All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.
Regards,
Anurag
I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.
All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.
Regards,
Anurag
JunRN
07-17 12:09 AM
Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)
My previous work experience is outside the US.
Do they also ask for tax returns from one's earnings outside the US?
My previous work experience is outside the US.
Do they also ask for tax returns from one's earnings outside the US?
chanvizgran
03-06 08:48 AM
Hi BPforGC,
Could you please provide me the contact number for nebraska service center and thanks for your advice.
Could you please provide me the contact number for nebraska service center and thanks for your advice.
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