optimizer
01-15 11:15 AM
My case is also under extended review and in the same situation as other VSG/affiliate current/former employees in this thread.
Based on the current situation and discussing with other members it doesn't really look like USCIS will revoke or deny I140/I485s enmasse, but you never know.
We have followed the law and were always employed with paystubs and everything and have nothing to fear.
I have formed a yahoo group for current/former VSG employees whose GC is stuck.
Group members can share experiences and exchange ideas as we go through the pain of GC Processing.
Staying as a group we can plan to hire a powerful attorney if god forbid our situation gets worse.
I have already sent group invite to some of you to join this group. If you are interested in joining, send me a private message or email me at thebestoptimizer @ gmail.com
I believe Suvendra had posted the same question in the OTHER popular immigration forum and had some replies there.
Thanks,
Optimizer
Based on the current situation and discussing with other members it doesn't really look like USCIS will revoke or deny I140/I485s enmasse, but you never know.
We have followed the law and were always employed with paystubs and everything and have nothing to fear.
I have formed a yahoo group for current/former VSG employees whose GC is stuck.
Group members can share experiences and exchange ideas as we go through the pain of GC Processing.
Staying as a group we can plan to hire a powerful attorney if god forbid our situation gets worse.
I have already sent group invite to some of you to join this group. If you are interested in joining, send me a private message or email me at thebestoptimizer @ gmail.com
I believe Suvendra had posted the same question in the OTHER popular immigration forum and had some replies there.
Thanks,
Optimizer
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srh1
10-28 10:57 PM
Thanks for your reply it was helpful.
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
Chicago Desi
10-18 11:45 AM
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
--- Very good advice. I have burnt through 'company's lawyer', who is a very good one but since was hired by my employer, acted in their favor and screwed my gc. :mad:
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
--- Very good advice. I have burnt through 'company's lawyer', who is a very good one but since was hired by my employer, acted in their favor and screwed my gc. :mad:
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roseball
05-14 01:34 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
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gsc999
02-08 10:33 PM
well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
Hello estrela,
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
Hello estrela,
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
ivgclive
04-21 01:31 PM
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.
Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".
Has anything been done yet?
This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.
Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".
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ryanjoe_99
05-29 09:47 AM
I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.
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rb_248
09-08 09:17 PM
Cograts!! rb_248..
Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:
Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.
Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:
Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.
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abhijitp
01-27 11:47 AM
^^
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pappu
04-25 11:23 AM
Could you please update your profile so that it helps people tracking cases on IV tracker.
Thanks
Thanks
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Sunx_2004
08-01 11:17 AM
Her H1 is valid from Oct. onward, You can still file her status as H4. Apply for EAD and AP also. Hope this help.
Cheers
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
Cheers
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
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InTheMoment
07-19 10:47 PM
srarao,
Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?
The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.
Hi
Any guys with RFE on this
Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?
The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.
Hi
Any guys with RFE on this
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Ram_C
09-25 04:46 PM
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
sorry to hear about your H1, but you are not at all in bad situation.
here is what I would do if I were you.
1. extend your F1 visa for Spring 08, so that you have a safety net.
2. appeal your H1 Denial (if there is a chance)
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
sorry to hear about your H1, but you are not at all in bad situation.
here is what I would do if I were you.
1. extend your F1 visa for Spring 08, so that you have a safety net.
2. appeal your H1 Denial (if there is a chance)
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ocpmachine
07-06 04:41 PM
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
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ski_dude12
04-12 11:39 AM
I had got a similar enquiry from DOL couple of years back. They were explicit in asking about being paid while on bench. In my case I have had minimal bench time and hence answered accordingly. I am sure there must be other employees in my company (desi IT consulting) who are getting paid irregularly.
I do not think it will effect your new H1B decision. Bottom line is do not lie. If you don't want to tell the truth, don't reply to them.
I do not think it will effect your new H1B decision. Bottom line is do not lie. If you don't want to tell the truth, don't reply to them.
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rockstart
02-10 05:05 PM
Since your wife is the primary applicant as you mentioned I dont think you need to wait for 180 days. Your employer is no way concerened with your EAD/ GC. But in case both you and your wife are working for same H1 employer then you moving might ring alarm bells for him but in case 180 days are already over then there is not much he can do.
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dixie
02-15 10:11 AM
Definitely an idea worth considering. Of late we hvae had too many "new members" who turn out to be 2-3 post wonders - get their questions answered and vanish without a trace. But given the subsidy mentality prelavent among our "educated and skilled" community, I doubt the idea will fly.
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sanju_dba
08-13 02:48 PM
Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
This is pure B.S. politics....
Thats - "andar pareshani bahar shervani"
This is pure B.S. politics....
Thats - "andar pareshani bahar shervani"
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Lasantha
01-15 07:57 PM
I think its the latter....but what if ELS test center delays results...?
Well, then you better take the test without waiting till the last moment. 120 days is 4 months.
Well, then you better take the test without waiting till the last moment. 120 days is 4 months.
Appu
04-06 10:33 PM
If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.
That's the whole point. There are a lot of moderate republicans who would vote with the dems in the senate on the legalization provisions. If they can get 60+ votes, that would send a strong signal to the house - they would then negotiate away from the Sensenbrenner position. On the other hand, if Kyl and Sessions and Cornyn are all allowed to chip away at the senate bill and weaken the vote in the senate then the final bill will probably end up much closer to the Sensenbrenner version. When Reid says the WH should intervene, he is probably not baiting, just seeking help.
That's the whole point. There are a lot of moderate republicans who would vote with the dems in the senate on the legalization provisions. If they can get 60+ votes, that would send a strong signal to the house - they would then negotiate away from the Sensenbrenner position. On the other hand, if Kyl and Sessions and Cornyn are all allowed to chip away at the senate bill and weaken the vote in the senate then the final bill will probably end up much closer to the Sensenbrenner version. When Reid says the WH should intervene, he is probably not baiting, just seeking help.
evildead
04-24 04:18 PM
Anyone from Chicago near downtown? Not Napreville or Aurora. We are moving from (bay area) Santa Clara to Chicago. Office is in Downtown. Looking for a place closest to download. We are a family with small (1.5 year old) kid.
Please suggest.
we live in Chicagoland. PM me if you would like to talk.
Please suggest.
we live in Chicagoland. PM me if you would like to talk.
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