pkv
02-07 05:04 PM
97 views... and no response..
has nobody filed EAD by self and after filing I-485???
has nobody filed EAD by self and after filing I-485???
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dhirajs98
01-13 09:51 AM
We received the RFE letter on my pending I-140.
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
sabeesh
04-26 10:27 AM
Hello..
My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.
Thanks
My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.
Thanks
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sanjay
05-21 07:30 PM
July 2009
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
Good comment BPforGC. Sad ( because even I find myself in same boat ) but a true prediction.
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
Good comment BPforGC. Sad ( because even I find myself in same boat ) but a true prediction.
more...
indianabacklog
10-30 12:37 PM
My EAD application has been pending more than 90 days.
Just called the USCIS office.
Look like the center it has been sent to is processing EAD's of date: May 03.
So my application is still 2.5 months away.
The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php
Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
Looks like it isn't :)
It is dead and buried. If you make an infopass appointment they will simply send a message while you are there to say the processing time is beyond 90 days.
Then you should either get an interim EAD or the real thing from the processing center within two weeks.
The local office does not issue any EAD's.
Just called the USCIS office.
Look like the center it has been sent to is processing EAD's of date: May 03.
So my application is still 2.5 months away.
The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php
Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
Looks like it isn't :)
It is dead and buried. If you make an infopass appointment they will simply send a message while you are there to say the processing time is beyond 90 days.
Then you should either get an interim EAD or the real thing from the processing center within two weeks.
The local office does not issue any EAD's.
pappu
07-20 09:25 AM
No, only contiguous H1-B renewals(after 3 years or yearly extensions after 6 years) are exempted from the cap. If you go back to school and apply for a fresh H1, then it is very much counted against the cap. Apart from falling back to H4 or F2(if you are married and your spouse is on H1/F1), i dont see too many options if you cannot get one of the masters quota H1. BTW, if you dont have an OPT and are out of school, then how are you still here ?
If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.
If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.
more...
frostrated
09-03 01:59 PM
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
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kaisersose
07-24 03:07 PM
ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.
Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.
If they say you have to start afresh, then you can consider packing your bags. Good luck!
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.
Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.
If they say you have to start afresh, then you can consider packing your bags. Good luck!
more...
satishku_2000
11-21 05:56 PM
Similar Question:
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
when you get an extension of stay you will have same number for all of them.
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
when you get an extension of stay you will have same number for all of them.
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surabhi
06-02 10:50 AM
NKR, thanks . I am considering that option.
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
more...
iwantgc
05-08 10:47 AM
Hello all and Pappu, thank you all for your response. I will take Pappu's advice as far as what to discuss with them plus my family's concern, my husband who had to be away from me for straight two years has returned to US and been hopeful to get a work permit through my GC process.
I am planning to return a call to the office of congressat 12 noon mountain time, im in Nebraska. I will keep in touch with IV core members after then.
I am planning to return a call to the office of congressat 12 noon mountain time, im in Nebraska. I will keep in touch with IV core members after then.
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sundevil
06-08 11:59 AM
Some Indian Americans with GC and Citizenships are not sympathetic to our cause. They would rather this thing get worse. I have a neighbor who thinks we already have our GC(for various reasons we did not tell them about our plight). I heard him rant about how happy he was that they did not include any thing good for backlogged people in the new bill and how great it would be in the Merit system when there will be no spill overs to India to reduce backlogs and get rid of all the "idiots"(his words) coming over these days from India. It is utterly deplorable, I don't plan to socialize with these selfish people anymore. I hope this is an aberration and not a general opinion of our fellow immigrants.
Indian-American have never supported anything, especially if it's related to immigration. Because, for them once they get their GC or Citizenship they are done! They don't support anyone or stand for anything, it's just the way things are with us.
Indian-American have never supported anything, especially if it's related to immigration. Because, for them once they get their GC or Citizenship they are done! They don't support anyone or stand for anything, it's just the way things are with us.
more...
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deafTunes123
11-13 03:01 PM
I am curious. What is WOM?
To my knowledge there is no way to expedite the AOS process.
Gurus?
To my knowledge there is no way to expedite the AOS process.
Gurus?
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apk1928
04-30 01:36 PM
Here is the format that you need. I got this from my attorney.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
more...
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shortchanged
08-01 05:49 PM
I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.
NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
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amslonewolf
05-11 02:06 PM
http://www.visalaw.com/teleconform.html
Please post and email this question at the above teleconf..
I already did.
Please post and email this question at the above teleconf..
I already did.
more...
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satishbsk
07-08 05:38 PM
They took 20 k tilll last month and no match.
____________________
contributed $260 so far
____________________
contributed $260 so far
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immi_enthu
09-28 06:01 PM
i am in the same boat. receipt notice says Jul5 25 .. online september 15 ( I guess it is notice date)
when did your application reach USCIS. yes the online date is Notice Date.
when did your application reach USCIS. yes the online date is Notice Date.
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yabadaba
06-14 08:04 PM
lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?
tp976
12-31 01:53 PM
No FP notice either. Check signatue for more details.
sept 11 notice date, EAD approved for spouse and me. case transferred to TSC, no FP yet
sept 11 notice date, EAD approved for spouse and me. case transferred to TSC, no FP yet
Edison99
09-15 12:30 PM
Enjoy the freedom!
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
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