ajju
02-28 01:33 PM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...
Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...
Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...
But you must check with lawyer...
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...
Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...
Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...
But you must check with lawyer...
pensamientos de amor. pensamientos de amor.
arnab221
04-29 12:30 PM
Doing smart things like this may get you deported from the US without any chance of return for 5 years . Be honest and follow the law .It against the law to work in one country and get paid in another .
pensamientos de amor. pensamientos de amor
hotscud21
11-01 10:48 AM
Thanks for the response.
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
pensamientos de amor. pensamientos de amor♥
pbojja
11-17 11:04 AM
I know someone who went to Canada for the weekend and got the I-94 with the correct date on it.
Note that the airline (AA), on his way out of the US, was not willing to take his I-94 since he was going for less than 30 days. So he had to explain to them about his situation and they took it.
Also note that if you have an Indian passport, you will need a visa to go to Canada.
The other option to extend your I-94 is for your employer to refile I-129, and request for extension of stay. This can be done using premium processing.
I did the same thing . Except I returned my I94 while returning to US as the airlines did not take my I94. While returning I just explained my situation to immigration officer and she was knowlegable and issued a new I94.
Note that the airline (AA), on his way out of the US, was not willing to take his I-94 since he was going for less than 30 days. So he had to explain to them about his situation and they took it.
Also note that if you have an Indian passport, you will need a visa to go to Canada.
The other option to extend your I-94 is for your employer to refile I-129, and request for extension of stay. This can be done using premium processing.
I did the same thing . Except I returned my I94 while returning to US as the airlines did not take my I94. While returning I just explained my situation to immigration officer and she was knowlegable and issued a new I94.
more...
pensamientos de amor. El amor - Pensamientos
Coppertop
10-07 04:27 PM
Thanks! *insert extra large grin here*
can a mod please edit the poll as asked by Phat7
can a mod please edit the poll as asked by Phat7
pensamientos de amor. pensamientos de amor. frases
uma001
05-25 08:33 AM
Which masters you want to do . MBA or MS comp science
more...
pensamientos de amor. pensamientos de amor
Gigantic697
10-12 01:29 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
pensamientos de amor. pensamientos de amor, frases
Aah_GC
06-01 01:37 AM
As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
more...
pensamientos de amor. imagenes de amor con frases y.
gcnirvana
06-18 05:06 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
pensamientos de amor. pensamientos de amor.
Mr. Brown
09-30 05:53 PM
... there are always idiots in any group.
more...
pensamientos de amor. Pensamientos De Amor:
pyrosleepy
04-30 02:58 PM
Not Yet...But murthy.com says they are considering to reinstate PP for I-140. Check murthy.com for more information on this
I did not see it in murthy.com. Can you please paste the link or the text.
Thanks,
I did not see it in murthy.com. Can you please paste the link or the text.
Thanks,
pensamientos de amor. PENSAMIENTOS DE AMOR
gccube
04-23 11:44 PM
Please see my signature for details. Good luck to all of you.
more...
pensamientos de amor. amor para novios,tiernos
radhagd
01-04 09:52 AM
yes ns007 is right. It's the best advise.
pensamientos de amor. Foro actos de amor
buehler
07-18 07:36 AM
We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
more...
pensamientos de amor. PENSAMIENTOS DE AMOR
vin13
03-16 01:00 PM
I think NSC does process cases even though they are not within the priority date. This way they can pre-adjudicate cases. By doing this they can quickly issue GC when the date moves ahead.
During processing if they have any questions, they could issue a RFE.
During processing if they have any questions, they could issue a RFE.
pensamientos de amor. PENSAMIENTOS DE AMOR Y REFL
jonty_11
07-02 11:50 AM
===================
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made "available".=============
================================
I think they meant to put UNAVAILABLE there....
bastards dont know how to spell !!!
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made "available".=============
================================
I think they meant to put UNAVAILABLE there....
bastards dont know how to spell !!!
more...
pensamientos de amor. Etiquetas: amar, amor, azul,
retrohatao
07-17 04:08 PM
Thanks to all.
modvik,
Search in immigrationportal for "POJ" trick to know how to talk to a real person. Please do not over do it.
modvik,
Search in immigrationportal for "POJ" trick to know how to talk to a real person. Please do not over do it.
pensamientos de amor. pensamientos de amor,
Toxic'
May 20th, 2005, 08:49 PM
How'dee...
I'd like to thankyou each for your reply upfront & foremost...
I don't have any of the "fuzzball" pic's handy where as I've been deleting them as they come... I'll take some later tonight and post them...
"Until then..."-- jliechty
First idea: put the lens to manual focus, and try that on a tripod. Perhaps the focus point got moved, and the camera is attempting to focus on black sky? This test would attempt to eliminate that.
As I stated originally, the first half'dozen + photo's I took of the moon where over the course of 2 nights... and each of them were taken "handheld", with "full'auto" On. All the other settings were out of the box defaults. And every one of them were "in focus" as they appeared in the viewfinder. 2 weeks later when I attempted somemore moon'shots was when I realized that something was different. "Every" shot from then on of the moon was as I've been discribing. I've attempted more than 2 dozen shots via "Manual focus while on a Tripod, using the Timer". And the results are identical to the current "hand'held" photo's. As for the focus point... I've set the camera to lock in via "single area" bracket selection as discribed on page 67 of the manual. I've even gone as far as to focus in on the moon in "auto" mode and then switched over to "manual" mode, set the timer, and still the same thing...
Bobby Digital--
Manual focus and exposure bracketing are what you need to do.
I've just read into these again and was wondering if these are settings that could have been changed without me knowing? Or perhaps realizing? I'm presently at work and the moon is just coming into view... I'm going to head home in a bit and pickup my camera and try checking & or changing these settings to see if it helps...
Puncher--
As an alternative , spotmeter the moon to figure out the exposure and/or use the histogram.
I'll attempt this aswell...
I'll post my results after I've attempted these suggestions... "& Thanks again for your time...
Toxic'...
I'd like to thankyou each for your reply upfront & foremost...
I don't have any of the "fuzzball" pic's handy where as I've been deleting them as they come... I'll take some later tonight and post them...
"Until then..."-- jliechty
First idea: put the lens to manual focus, and try that on a tripod. Perhaps the focus point got moved, and the camera is attempting to focus on black sky? This test would attempt to eliminate that.
As I stated originally, the first half'dozen + photo's I took of the moon where over the course of 2 nights... and each of them were taken "handheld", with "full'auto" On. All the other settings were out of the box defaults. And every one of them were "in focus" as they appeared in the viewfinder. 2 weeks later when I attempted somemore moon'shots was when I realized that something was different. "Every" shot from then on of the moon was as I've been discribing. I've attempted more than 2 dozen shots via "Manual focus while on a Tripod, using the Timer". And the results are identical to the current "hand'held" photo's. As for the focus point... I've set the camera to lock in via "single area" bracket selection as discribed on page 67 of the manual. I've even gone as far as to focus in on the moon in "auto" mode and then switched over to "manual" mode, set the timer, and still the same thing...
Bobby Digital--
Manual focus and exposure bracketing are what you need to do.
I've just read into these again and was wondering if these are settings that could have been changed without me knowing? Or perhaps realizing? I'm presently at work and the moon is just coming into view... I'm going to head home in a bit and pickup my camera and try checking & or changing these settings to see if it helps...
Puncher--
As an alternative , spotmeter the moon to figure out the exposure and/or use the histogram.
I'll attempt this aswell...
I'll post my results after I've attempted these suggestions... "& Thanks again for your time...
Toxic'...
pensamientos de amor. Pensamientos De Amor.
kak1978
09-24 10:50 AM
but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
What was your RFE about?
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
What was your RFE about?
cherupally
09-11 10:41 AM
Hi Chirupally,
I had similar RFE where USCIS wanted doctor's original signature.
Doctor's filled out a new form (latest version) with all the information from the old form.No test were done again.But they signed the new form with OLD date.
Did your doctor sign the form with new date?
Also,are you including the old original form that you received in sealed envelope with RFE?I am include the ONLY the new sealed envelope that has latest form as the doctor discarded the old form.
I did not receive old form. I just received the gold color form and the letter stating whats RFE about. I guess since only partial information is missing, they did not send me back the old form. I have not received the new forms from doctor yet. I will get it today. I guess he is going to sign with today's date only. Hope this answers your questions.
I had similar RFE where USCIS wanted doctor's original signature.
Doctor's filled out a new form (latest version) with all the information from the old form.No test were done again.But they signed the new form with OLD date.
Did your doctor sign the form with new date?
Also,are you including the old original form that you received in sealed envelope with RFE?I am include the ONLY the new sealed envelope that has latest form as the doctor discarded the old form.
I did not receive old form. I just received the gold color form and the letter stating whats RFE about. I guess since only partial information is missing, they did not send me back the old form. I have not received the new forms from doctor yet. I will get it today. I guess he is going to sign with today's date only. Hope this answers your questions.
nb_des
08-04 02:33 PM
Looks like they got some award
http://www.exceedcorporation.com/news.htm
http://www.exceedcorporation.com/news.htm