gbof
10-06 10:02 PM
irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
My little daughter's got shuffled from TSC-VSC (NBC?) and after several months got a mail transferred back to TSC. I talked with IO twice, one time I was told they got it back in last oct and this evening I wanted to know if it is pre-adjudicated, IO said it does not show in their system....To follow it is so frustrating
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
My little daughter's got shuffled from TSC-VSC (NBC?) and after several months got a mail transferred back to TSC. I talked with IO twice, one time I was told they got it back in last oct and this evening I wanted to know if it is pre-adjudicated, IO said it does not show in their system....To follow it is so frustrating
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kumar1
02-06 03:04 PM
Enjoy the post of manager and request your company to demote you to a developer once GC comes through.
kiran_k02
01-11 01:26 PM
My Delhi Consulate Experience for my H-1B extention:
I am from Hyderabad but due to unavailability of appointments in Chennai consulate I applied through Delhi consulate. As a US Resident, I have an option of selecting any Consulate in India.
First they will check your DS 156 & DS 157 form when you are in queue to get in and also your application gets verified in a counter outside the main embassy and then you are let in, you can deposit your Cell Phones so don't leave your cell phones at home as we did, it was tough without a cell phone for half an hour after interview .
Once you get in into the embassy they do finger printing and then you are in queue to meet US Consular Agents.
While I was in queue, I saw lot of people getting rejected (mostly F1). They were asking unexpected questions to H1-B extension folks too. Questions like
1) Why did you change to this new employer?
2) How many employees does it currently have?
3) What does the company do?
4) How did you know about this company?
5) What was your masters in?
6) In my case they asked about names of the clients I was involved with through my IT services employer?
7) What are your job responsibilities?
They are trying to look at your body language and communication skills.
When I went to the counter he asked me about my previous company and current company, as mentioned above they asked me about how many clients I was involved with through my current employer. Then he said, he couldn't find my petitioner details online so he would check it and issue my visa if no further documents are required(I don't know what he meant by no further documents). I do not have my passport yet(12 Jan 09), I have submitted my docs on 9th Jan 09. I expect my visa to arrive sometime next week (hopefully). Regarding documents he did not look at any of my documents except for my passport and I-797.
I hope this helps. I am currently in India.
I am from Hyderabad but due to unavailability of appointments in Chennai consulate I applied through Delhi consulate. As a US Resident, I have an option of selecting any Consulate in India.
First they will check your DS 156 & DS 157 form when you are in queue to get in and also your application gets verified in a counter outside the main embassy and then you are let in, you can deposit your Cell Phones so don't leave your cell phones at home as we did, it was tough without a cell phone for half an hour after interview .
Once you get in into the embassy they do finger printing and then you are in queue to meet US Consular Agents.
While I was in queue, I saw lot of people getting rejected (mostly F1). They were asking unexpected questions to H1-B extension folks too. Questions like
1) Why did you change to this new employer?
2) How many employees does it currently have?
3) What does the company do?
4) How did you know about this company?
5) What was your masters in?
6) In my case they asked about names of the clients I was involved with through my IT services employer?
7) What are your job responsibilities?
They are trying to look at your body language and communication skills.
When I went to the counter he asked me about my previous company and current company, as mentioned above they asked me about how many clients I was involved with through my current employer. Then he said, he couldn't find my petitioner details online so he would check it and issue my visa if no further documents are required(I don't know what he meant by no further documents). I do not have my passport yet(12 Jan 09), I have submitted my docs on 9th Jan 09. I expect my visa to arrive sometime next week (hopefully). Regarding documents he did not look at any of my documents except for my passport and I-797.
I hope this helps. I am currently in India.
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amirani
03-03 05:27 PM
Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.
Thanks for the response.
The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....
Thanks for the response.
The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....
more...
delax
08-23 10:38 AM
Here's a killer.
- Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
- When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
- GC approved on Aug 9
- Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
- No idea where my EAD apps are!!! not that it matters
GAWD - Some serious system fixes need to be done at USCIS......
- Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
- When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
- GC approved on Aug 9
- Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
- No idea where my EAD apps are!!! not that it matters
GAWD - Some serious system fixes need to be done at USCIS......
kirupa
04-22 05:22 PM
sparky - I really like your third one. I haven't seen a lot of green stamps. Anyhoo, add some text like the dolllar/cent value of the stamp and I'll add it up :)
more...
belmontboy
09-21 07:09 PM
Hi, I am from India and applied for GC under EB2.my priority date is 01-21-2-2007.I filed concurrently I-140 and I-485 in july 2007. got my EAD and using it.EAD is valid for one more year.I-485 is still pending. my wife have filed a case against me in India.The indian court issued non bailable arrest warrent against me. I am not going to India to attend the court proceedings.Now the proceedings and non bailable arrest warrent against me is pending in indian court since 2 years. my indian passport has impounded by ministry of external affairs, India. The interpol in india has sent extradition papers to Interpol, washington D.C. there is no red corner notice issued against me. my questions are:
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
Are there any cash rewards for catching you? :D
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
Are there any cash rewards for catching you? :D
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laksmi
12-06 11:09 AM
I went to red cross once to donate blood once but they refused to take since i am an immigrant who have not completed 5 years in USA so they may not take us.
more...
GumI485
01-22 06:35 PM
Thank you for representating us.
God bless you all
God bless you all
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bigboy007
08-14 11:04 PM
if your application is ready to get a visa you will get it , we cant force USCIS to do some things neither its a defined process that application SHOULD be preadjudicated its like a best practice
I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?
I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?
more...
delhiguy79
07-30 10:36 AM
Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
u can get from the office which issued u passport
u dont need to go to police station
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
u can get from the office which issued u passport
u dont need to go to police station
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satyasaich
07-31 08:37 AM
In the first place, without knowing the job details how a person gets an offer? by the way LCA number will never give a detailed description of nature of job.
Hi Gurus,
I got an offer from a company and having the LCA case number with me. Is there any way that I can find the job description using my LCA case number? or else anyone tell me how to find the job description?
Thanks
-sent
Hi Gurus,
I got an offer from a company and having the LCA case number with me. Is there any way that I can find the job description using my LCA case number? or else anyone tell me how to find the job description?
Thanks
-sent
more...
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bpratap
02-02 03:34 PM
I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?
I-140 Reciept : No A Number
I-140 Approvel Number 1
I-485 Reciept : Number 2
EAD/FP/AP : Number 2
I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140
Is this anything I need to be concerned about ? Appreciate your suggestions
I-140 Reciept : No A Number
I-140 Approvel Number 1
I-485 Reciept : Number 2
EAD/FP/AP : Number 2
I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140
Is this anything I need to be concerned about ? Appreciate your suggestions
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silvergga
02-27 02:20 PM
Mostly my question was misunderstood...
I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
1) EB3 people believe and argue that it doesn't matter.
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
1) EB3 people believe and argue that it doesn't matter.
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
more...
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imm_pro
05-15 11:15 PM
This is awsome..also on the newsdesk..:):):):):)
Feinstein, Lofgren use Iraq spending bill to push for guest-worker program
05-15) 19:18 PDT Washington - -- Two of California's most immigrant-dependent industries - agriculture and Silicon Valley - are pushing narrow measures through Congress in an effort to employ foreign workers at opposite ends of the labor market, people who pick vegetables and the postgraduate engineers and scientists of Silicon Valley.
Sen. Dianne Feinstein attached a farm guest-worker program to the giant Iraq spending bill today in a last-ditch effort to remedy a shortage of workers in California's produce fields as the federal government continues to crack down on illegal immigration and the political climate proves hostile to more sweeping measures.
Rep. Zoe Lofgren, D-San Jose, teaming with Republicans, is pushing several bills to give permanent residence to top engineering talent.
"It's an emergency," Feinstein said of the farm worker situation. "If you can't get people to prune, to plant, to pick, to pack, you can't run a farm."
Her addition to the Iraq spending bill would give temporary legal status to 1.3 million farm workers over the next five years, but it would provide no path to citizenship or permanent residency. It passed the Senate Appropriations Committee 17 to 12 today.
Workers applying for the program would have to prove they had worked on U.S. farms for at least 150 days or 863 hours, or had earned at least $17,000, during the last four years. They would have to remain working in agriculture for the next five years, when the program would expire.
The move marks an end for now to efforts to give farm workers a path to citizenship after a sweeping immigration bill crashed in the Senate last June. Feinstein has been trying all year to attach a bill called AgJobs but has met nothing but dead-ends.
Western Growers, representing California farmers, and the United Farm Workers of American union joined in backing the bill. Western Growers President Tom Nassif said large growers are accelerating efforts to move their farming operations to Mexico. The 15 growers out of several hundred who responded to a survey and were willing to talk about their plans moved 84,000 acres worth of crop production to Mexico this year, twice as many acres as last year, Nassif said.
"Once the acreage moves to Mexico, it's there permanently," Nassif said. "Much of the remaining open space in California is agricultural land. If it's not farmed, we'd be growing condos or cementing it over with office buildings."
The tightening of the border has made it increasingly difficult, dangerous and expensive for laborers to return to the United States if they leave, disrupting the traditional circular flow of farm workers from Mexico to California's fields in the Salinas and Central valleys. Most farm workers arrive illegally, and farmers complain that an existing guest worker program called H2A is cumbersome and ineffective. Feinstein's bill would streamline that program's rules.
Growers are apprehensive about a new administration effort, temporarily stopped by a federal court, that would require employers to match workers with a valid Social Security number or be heavily fined. The Department of Homeland Security is refining the rule to get past court objections.
United Farmworkers President Arturo Rodriguez said farming is facing "a very real emergency" and applauded the bill as a "critical but temporary fix to a much larger problem."
Feinstein acknowledged that the chances of getting the bill all the way through Congress, even attached to war spending, is "uphill all the way."
On the other side of the Capitol, Rep. Zoe Lofgren, D-San Jose, is teaming with conservative Republicans to try to push similar discreetly targeted measures for Silicon Valley. She has dropped efforts for now to expand the controversial H-1B program for temporary high-skilled workers, which again this year ran out of its 85,000 visas on the first day they were released. Lofgren said the program needs changes, given its wide use by Indian offshoring companies.
Instead, Lofgren has introduced a passel of five small-bore immigration bills, among them one that would allow masters' and doctoral graduates from U.S. universities to apply immediately for permanent residence, skipping the H-1B program altogether.
"Most people would agree if you get your Ph.D in engineering from an American university, you've got something to offer this country," Lofgren said. "Right now, we have no ability to keep those people here ... we send them home to compete against Americans. It would make more sense to keep them here to help us compete."
Lofgren has even teamed up on one bill, to "recapture" unused permanent resident slots, with Rep. James Sensenbrenner, the Wisconsin Republican famous as the author of immigration crackdown legislation, never enacted, that was so harsh it led to the nation's first large-scale Latino protests in 2006.
"What's happened is that with the shortage of very high-level people, multinational companies are sending their project teams offshore," Lofgren said. "Not only the top hot-shot leading the team, but all the support jobs that go with that hot shot. Among the people I've met is a guy who spent four years at Harvard, seven at Stanford's engineering school, then did practical training and has been here six years on an H1B, and he's in limbo. He's an extremely talented person and has no idea what his future is going to be. He's being recruited in Australia and Europe, and he's ready to bail out. What he needs is not more temporary time."
Members of the Silicon Valley Leadership Group of business executives spent Thursday lobbying Congress on high-skilled immigration and tax breaks for solar energy and research and development.
"This is no time to say to high-skilled workers in a global economy that we don't want you," said Barry Cinnamon, chief executive of Akeena Solar in Los Gatos. "We're happy to have that argument with anyone."
E-mail Carolyn Lochhead at clochhead@sfchronicle.com
Feinstein, Lofgren use Iraq spending bill to push for guest-worker program
05-15) 19:18 PDT Washington - -- Two of California's most immigrant-dependent industries - agriculture and Silicon Valley - are pushing narrow measures through Congress in an effort to employ foreign workers at opposite ends of the labor market, people who pick vegetables and the postgraduate engineers and scientists of Silicon Valley.
Sen. Dianne Feinstein attached a farm guest-worker program to the giant Iraq spending bill today in a last-ditch effort to remedy a shortage of workers in California's produce fields as the federal government continues to crack down on illegal immigration and the political climate proves hostile to more sweeping measures.
Rep. Zoe Lofgren, D-San Jose, teaming with Republicans, is pushing several bills to give permanent residence to top engineering talent.
"It's an emergency," Feinstein said of the farm worker situation. "If you can't get people to prune, to plant, to pick, to pack, you can't run a farm."
Her addition to the Iraq spending bill would give temporary legal status to 1.3 million farm workers over the next five years, but it would provide no path to citizenship or permanent residency. It passed the Senate Appropriations Committee 17 to 12 today.
Workers applying for the program would have to prove they had worked on U.S. farms for at least 150 days or 863 hours, or had earned at least $17,000, during the last four years. They would have to remain working in agriculture for the next five years, when the program would expire.
The move marks an end for now to efforts to give farm workers a path to citizenship after a sweeping immigration bill crashed in the Senate last June. Feinstein has been trying all year to attach a bill called AgJobs but has met nothing but dead-ends.
Western Growers, representing California farmers, and the United Farm Workers of American union joined in backing the bill. Western Growers President Tom Nassif said large growers are accelerating efforts to move their farming operations to Mexico. The 15 growers out of several hundred who responded to a survey and were willing to talk about their plans moved 84,000 acres worth of crop production to Mexico this year, twice as many acres as last year, Nassif said.
"Once the acreage moves to Mexico, it's there permanently," Nassif said. "Much of the remaining open space in California is agricultural land. If it's not farmed, we'd be growing condos or cementing it over with office buildings."
The tightening of the border has made it increasingly difficult, dangerous and expensive for laborers to return to the United States if they leave, disrupting the traditional circular flow of farm workers from Mexico to California's fields in the Salinas and Central valleys. Most farm workers arrive illegally, and farmers complain that an existing guest worker program called H2A is cumbersome and ineffective. Feinstein's bill would streamline that program's rules.
Growers are apprehensive about a new administration effort, temporarily stopped by a federal court, that would require employers to match workers with a valid Social Security number or be heavily fined. The Department of Homeland Security is refining the rule to get past court objections.
United Farmworkers President Arturo Rodriguez said farming is facing "a very real emergency" and applauded the bill as a "critical but temporary fix to a much larger problem."
Feinstein acknowledged that the chances of getting the bill all the way through Congress, even attached to war spending, is "uphill all the way."
On the other side of the Capitol, Rep. Zoe Lofgren, D-San Jose, is teaming with conservative Republicans to try to push similar discreetly targeted measures for Silicon Valley. She has dropped efforts for now to expand the controversial H-1B program for temporary high-skilled workers, which again this year ran out of its 85,000 visas on the first day they were released. Lofgren said the program needs changes, given its wide use by Indian offshoring companies.
Instead, Lofgren has introduced a passel of five small-bore immigration bills, among them one that would allow masters' and doctoral graduates from U.S. universities to apply immediately for permanent residence, skipping the H-1B program altogether.
"Most people would agree if you get your Ph.D in engineering from an American university, you've got something to offer this country," Lofgren said. "Right now, we have no ability to keep those people here ... we send them home to compete against Americans. It would make more sense to keep them here to help us compete."
Lofgren has even teamed up on one bill, to "recapture" unused permanent resident slots, with Rep. James Sensenbrenner, the Wisconsin Republican famous as the author of immigration crackdown legislation, never enacted, that was so harsh it led to the nation's first large-scale Latino protests in 2006.
"What's happened is that with the shortage of very high-level people, multinational companies are sending their project teams offshore," Lofgren said. "Not only the top hot-shot leading the team, but all the support jobs that go with that hot shot. Among the people I've met is a guy who spent four years at Harvard, seven at Stanford's engineering school, then did practical training and has been here six years on an H1B, and he's in limbo. He's an extremely talented person and has no idea what his future is going to be. He's being recruited in Australia and Europe, and he's ready to bail out. What he needs is not more temporary time."
Members of the Silicon Valley Leadership Group of business executives spent Thursday lobbying Congress on high-skilled immigration and tax breaks for solar energy and research and development.
"This is no time to say to high-skilled workers in a global economy that we don't want you," said Barry Cinnamon, chief executive of Akeena Solar in Los Gatos. "We're happy to have that argument with anyone."
E-mail Carolyn Lochhead at clochhead@sfchronicle.com
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InLineOnLine
03-10 03:23 PM
Hi,
I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.
What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.
Please adivse.
Thanks and Regards
I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.
What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.
Please adivse.
Thanks and Regards
more...
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rssb
11-28 07:28 AM
H1's from A and B are not related and having multiple H1's is valid.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
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silvinhaphn
05-05 09:05 AM
Hi aperregatturv
I'm in the same situation... Did u travel before u got the card?
My case was approved on April 27, but I have got nothing on the mail so far and I have my sister's wedding to attend in my country... My husband can go later and give it to me, but I'm a little afraid.
I wanna know if evrything was ok with you and if u would recommend me to do that. I'm going crazy cause my flight is for May 11th and if I need to cancel I gotta do it 2 days in advance, no later than tomorrow I guess... I don't know If I should wait or just cancel flight. I'm going crazy!
Please let me know how it went for you. Or if anyone else have traveled in this way before, give me some advice.
Thanks to all in advance!
Best
I'm in the same situation... Did u travel before u got the card?
My case was approved on April 27, but I have got nothing on the mail so far and I have my sister's wedding to attend in my country... My husband can go later and give it to me, but I'm a little afraid.
I wanna know if evrything was ok with you and if u would recommend me to do that. I'm going crazy cause my flight is for May 11th and if I need to cancel I gotta do it 2 days in advance, no later than tomorrow I guess... I don't know If I should wait or just cancel flight. I'm going crazy!
Please let me know how it went for you. Or if anyone else have traveled in this way before, give me some advice.
Thanks to all in advance!
Best
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harlyharly
06-25 06:12 PM
Any updates on the RFE? wish you have solved problem. Realy want to hear about it cause I am in the same hot water now.
Friends,
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
Friends,
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
anilsal
11-28 02:45 PM
if the email system works anymore for the online case status.
You really should be doing this and get registered with your state chapter. :)
http://immigrationvoice.org/forum/showthread.php?t=15745
You really should be doing this and get registered with your state chapter. :)
http://immigrationvoice.org/forum/showthread.php?t=15745
jonty_11
07-06 01:33 PM
If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?
no Condi and USCIS Chief just take those #'s and shove them down the toilet..
no Condi and USCIS Chief just take those #'s and shove them down the toilet..
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