BharatPremi
05-21 10:23 PM
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending.
Saileshdude,
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
Saileshdude,
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
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neverbefore
06-30 02:05 AM
I have used AC21 replied to all the RFEs about it. Laast year my attorney delayed renewal of my EAD and immediately 485 petition started moving and landed in National benefits Center for scheduling an interview.
In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
Additionally what is worrying me is that they are vague on what documents they want.
They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.
Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".
Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.
And just chillax! You have done everything right, so why should anything adverse happen.
What will happen: Oath->Demand for driver's license->Demand for passport
Medical does not expire once filed
Officer will review the file along with us
We need to post a sticky note on file saying we are a family of 3 so we are seen together
Docs:
Appointment notice demands
Paystubs
Employment verification letter from employers
Mortgage papers
Education transcripts and degree
Tax returns
Marriage certificate
Birth certificates
Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously
They might give us an I-792, send a copy to attorney. Always get the officer's name!
A copy of July 2007 visa bulletin
Arrival/departure record to/from US
Pictures (passport) and marriage and family
Driver's licenses
H4 and H1B Notices of Action
In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
Additionally what is worrying me is that they are vague on what documents they want.
They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.
Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".
Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.
And just chillax! You have done everything right, so why should anything adverse happen.
What will happen: Oath->Demand for driver's license->Demand for passport
Medical does not expire once filed
Officer will review the file along with us
We need to post a sticky note on file saying we are a family of 3 so we are seen together
Docs:
Appointment notice demands
Paystubs
Employment verification letter from employers
Mortgage papers
Education transcripts and degree
Tax returns
Marriage certificate
Birth certificates
Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously
They might give us an I-792, send a copy to attorney. Always get the officer's name!
A copy of July 2007 visa bulletin
Arrival/departure record to/from US
Pictures (passport) and marriage and family
Driver's licenses
H4 and H1B Notices of Action
ebizash
06-20 01:53 PM
My LC was filed as Database developer. After about 200 days of I-485, I switched job as Manager. I sent the job description to my attorney and they said I could switch as the job in same or similar "SOC Code". They also said that there is no need to let USCIS know about the change as it is optional. If USCIS issues a RFE, we will respond appropriately.
The only thing I ensured and you should ensure too is to keep all paperwork in a safe and readily accessible place. You should keep pay stubs from old company as well as new one, job description and offer letter from both employers, and a document detailing circumstances of your job change (such as you changed job because you were afraid that due to market conditions, the company may go out of business or your dept may get outsourced etc etc...)
P.S. - The attorney is a very renowned attorney and my old and current employers both are Fortune 50 companies.
PM me if you have any question....
The only thing I ensured and you should ensure too is to keep all paperwork in a safe and readily accessible place. You should keep pay stubs from old company as well as new one, job description and offer letter from both employers, and a document detailing circumstances of your job change (such as you changed job because you were afraid that due to market conditions, the company may go out of business or your dept may get outsourced etc etc...)
P.S. - The attorney is a very renowned attorney and my old and current employers both are Fortune 50 companies.
PM me if you have any question....
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saimrathi
08-10 02:45 PM
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sanjay02
11-21 12:55 PM
I saw the following status on I-131
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Does it mean that I-131 is approved?
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Does it mean that I-131 is approved?
yabadaba
07-12 08:47 AM
what the hell is AILF doing????? why hasnt the lawsuit been filed yet????
more...
gcnyc
06-20 11:29 PM
Does any one know answer for this? I was curious to know.
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sareesh
04-21 12:12 PM
I understand your problem with moving dates slowly but did not follow your problem with porting.
Thanks,
SG.
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
Thanks,
SG.
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
more...
DDash
11-10 03:51 PM
http://immigrationvoice.org/forum/showthread.php?t=3779
WOW...its amazing to see how a simple thing (in my opinion) like volunteering can be such a big deal.
While it is legal to work on a L-4 why are H-4s not allowed to work? Beats me!
WOW...its amazing to see how a simple thing (in my opinion) like volunteering can be such a big deal.
While it is legal to work on a L-4 why are H-4s not allowed to work? Beats me!
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bpratap
01-26 09:35 PM
I don't think all EB1's are PhD's. so if this bill is specifically for PhD's then its not gonna help EB categories.
Many of the EB1's I know are some global managers (by document) from some outsourcing companies with the same Educational / technical skills as many of us in EB 2/ EB3. after coming in on L1A they juz directly file under Eb1.
I am not trying to fire up an argument/fight. but juz the reality I know of.
Hope this bill will include People who have an MS degree . it will help clear up EB2 queue and eventually spillover the excess numbers to EB3.
Many of the EB1's I know are some global managers (by document) from some outsourcing companies with the same Educational / technical skills as many of us in EB 2/ EB3. after coming in on L1A they juz directly file under Eb1.
I am not trying to fire up an argument/fight. but juz the reality I know of.
Hope this bill will include People who have an MS degree . it will help clear up EB2 queue and eventually spillover the excess numbers to EB3.
more...
zCool
04-03 03:35 PM
See below for answers:
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
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pappu
07-16 02:35 PM
This is just a recycle of WSJ article that came out today. Nothing new. IV posted this last Friday already and we were the first. Please use your judgment and not use such comments as inside information.
more...
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ujjvalkoul
01-25 04:01 PM
Wow!! Thats great guys...way to go!!
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go_guy123
01-26 03:49 PM
US needs EB1 and Ph.Ds
Others not contribute as much
Actually US needs innovation and good talent. Not all PhD are that extra ordinary.
One goes through the motions of adding incremental knowledge (that quality also depends of the reputation of the university). Most PhDs struggle from one post doc to another.
Piled Higher and Deeper - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Piled_Higher_and_Deeper)
PS: I mylelf dropped out of PhD like many of my friends. My experience was that
only a few PhD students were doing "good" and relevant research. Rest were very acedemic in nature and all about working on questionable commercial value of DARPA and NSF grants.
Others not contribute as much
Actually US needs innovation and good talent. Not all PhD are that extra ordinary.
One goes through the motions of adding incremental knowledge (that quality also depends of the reputation of the university). Most PhDs struggle from one post doc to another.
Piled Higher and Deeper - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Piled_Higher_and_Deeper)
PS: I mylelf dropped out of PhD like many of my friends. My experience was that
only a few PhD students were doing "good" and relevant research. Rest were very acedemic in nature and all about working on questionable commercial value of DARPA and NSF grants.
more...
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martinvisalaw
06-25 02:12 PM
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
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seeking_GC
07-19 03:35 PM
Thanks for ur reply..anyone else has any input on this??
more...
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gcsomeday
07-17 05:24 PM
newxyz100, since 485 was already filed, he/she can come back on h1/h4. I believe its just like using your h1/h4 instead of your EAD and AP in future. Experts please correct me if I am wrong.
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kaisersose
08-06 09:19 AM
capturing visa numbers would put an end to our misery. and increasing the employment based visa will pave way for future immigrants. handling a few thousand more cases is not a big deal for USCIS(there may be performance issues but not like difficulty of hiring more people to do the stuff!). don't get panicky about the number. it should be lot less than you would think.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
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milind70
02-18 12:16 PM
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
I am pretty sure the medical exam expenses do qualify for tax deductible.
As far as lawyer fees and USCIS fees there are two school of thought, one says the are tax dedutible and other say they are not, but as per my CPA( and i take services of a professional one and charges around 250 USD for my tax filing) anything that is work related is tax deductable i.e. softwares,stationary,part of apartment rent(if u telecommute),expenses towards job hunting, even H1B visa stamping fees,even bad loans can be written off as loses
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
I am pretty sure the medical exam expenses do qualify for tax deductible.
As far as lawyer fees and USCIS fees there are two school of thought, one says the are tax dedutible and other say they are not, but as per my CPA( and i take services of a professional one and charges around 250 USD for my tax filing) anything that is work related is tax deductable i.e. softwares,stationary,part of apartment rent(if u telecommute),expenses towards job hunting, even H1B visa stamping fees,even bad loans can be written off as loses
Joozz
09-21 08:39 AM
Thanks a lot guys for answers and advices.
Another interesting thing that happened to me. After I got this extension I went to Canada and got a new visa in my passport and it’s also valid for two more years. If my H1B extension was made by mistake it looks like I committed a fraud asking visa in my passport based on documents that are not valid.
I am so confused now. Can anybody please recommend a good layer who can give me a legal advice, preferably from central PA?
Another interesting thing that happened to me. After I got this extension I went to Canada and got a new visa in my passport and it’s also valid for two more years. If my H1B extension was made by mistake it looks like I committed a fraud asking visa in my passport based on documents that are not valid.
I am so confused now. Can anybody please recommend a good layer who can give me a legal advice, preferably from central PA?
bajrangbali
06-07 01:52 PM
Thanks Chandu! Reasons to relocate are family and weather. At this point, I've a decent job in Chicago. Do you think this may be the right time to relocate to an Atlanta area given the economic climate....Also, how r the overall job prospects..
I agree 100% with jthomas above...moving from a secured job is not advisable in this market..I lived in Atlanta for a few years recently and can shed some light on the place..
Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.
I will leave the job judgement upto you..
Regarding the place..
I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..
Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..
Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..
though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...
I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...
positives: weather, cost of living
negatives: avg. city life, lesser job opportunities(compared to chicago)
I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...
good luck and plan wisely!!
I agree 100% with jthomas above...moving from a secured job is not advisable in this market..I lived in Atlanta for a few years recently and can shed some light on the place..
Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.
I will leave the job judgement upto you..
Regarding the place..
I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..
Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..
Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..
though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...
I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...
positives: weather, cost of living
negatives: avg. city life, lesser job opportunities(compared to chicago)
I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...
good luck and plan wisely!!
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