iwantgc
09-14 10:27 PM
This is exactly the kind of context we should get in front of the media so we could get the US government attention!
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Munna Bhai
08-24 03:41 PM
Hi everybody,
I am a dentist and have come across the following situation.
I was working with this dental company for about 1 year on H1b.On 6th Aug I fell sick with acute shoulder pain and went to a doctor who adviced me complete rest for atleast 1 month.I sent doctor`s letter to my employer stating that I need complete rest due to this pain and would join as I felt better.Now last week I got a letter from my employer stating that my job is terminated as they have closed down the office where I work.I also had a contract with this employer that termination needed 60 days notice from either side which was disregarded.Now I have a feeling that my employer may cancel my H1b visa also.What should I do.I was on sick leave without pay and now I am without job.
Any advice.
Lot of people don't know this...convert H1b to B1 and once you feel alright, then go back to your H1b after finding some other job..your H1b is not subjected to cap..hope this helps.
I am a dentist and have come across the following situation.
I was working with this dental company for about 1 year on H1b.On 6th Aug I fell sick with acute shoulder pain and went to a doctor who adviced me complete rest for atleast 1 month.I sent doctor`s letter to my employer stating that I need complete rest due to this pain and would join as I felt better.Now last week I got a letter from my employer stating that my job is terminated as they have closed down the office where I work.I also had a contract with this employer that termination needed 60 days notice from either side which was disregarded.Now I have a feeling that my employer may cancel my H1b visa also.What should I do.I was on sick leave without pay and now I am without job.
Any advice.
Lot of people don't know this...convert H1b to B1 and once you feel alright, then go back to your H1b after finding some other job..your H1b is not subjected to cap..hope this helps.
thomachan72
04-11 09:08 AM
We all have misused the system to the core and now we talk of rights,internal bickering in the community and we all are party to this one way or other.How is it that Indians,coming out from a proud heritage like ours can afford to put up a front like this.Why can't we go back to our roots and take a page or two from our philosophy and work together to stop this internal bickering??With such a forum like IV,a lot more greater good needs to be achieved.This is a sad state of affairs and we are the root cause of the issues..there needs to be no finger to point.
sorry friend... did not really get you. could you clarify a bit? were you saying he should fight for his rights? or that he has commited some mistake himself and shouldn't be fighting at all? Sorry did not really understand what you were trying to put out.
sorry friend... did not really get you. could you clarify a bit? were you saying he should fight for his rights? or that he has commited some mistake himself and shouldn't be fighting at all? Sorry did not really understand what you were trying to put out.
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gc4menu
07-16 10:31 PM
How about if they accept the applications of the people who were current in June but their lawyer screwed up and delayed it till the end so they couldn't file it in time? This will be fair to them. Also I really hope they accept the applications based on PD not RD, guys before you jump on me, you don't know the hell people have gone thru in BEC, this was the only fair chance for them to get justice and the stupid lawyer's mistake can no take it away. By the way all the best to all. Go immigrants go.......
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usr2004
07-29 11:20 PM
Acceptance
Initial Review
Decision
Post Decision Activity
Card/ Document Production
Is there any way we can make out case is pre-adjudicated From website CASE status.
Initial Review
Decision
Post Decision Activity
Card/ Document Production
Is there any way we can make out case is pre-adjudicated From website CASE status.
v7461558
07-26 02:37 PM
Great info, Googler. Thank you so much for researching this. One note---the link to Ombudsman's Report is wrong. Thanks again!
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Nabeel
05-07 11:40 AM
is there any LUID on your case - if Yes - its pre-adjunticated, No - talk to your attorney.
I had a LUD on my application (including dependents) on same day in June 2009.
Nabeel
I had a LUD on my application (including dependents) on same day in June 2009.
Nabeel
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singhsa3
07-16 12:44 PM
Good Idea!, my starting bid is $10,000 for 2 visas (me and my wife)
Why don't they just put the visa numbers on ebay, and start auctioning?
Why don't they just put the visa numbers on ebay, and start auctioning?
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jamesbond007
06-27 10:14 PM
Not sure if INS is now going behing EAD/ 485 applicants after chasing H1Bs or if my employer has done something wrong.
Here is what I got.
I got a letter from INS saying that my Employer has withdrawn my I 140 application. and I need to find a new employer with same job discription with in 30 days.
I had done concurrent filing of 140 and 485 and my I 140 was approved in August 2007.
and I am still working on H1B with out changing my employer. Me and my wife both are using AP but not EAD. Couple of months back my wife converted from H1 to H4 after her company let her go.
I called my employer to know the reason as I still work with him on H1B. My employer claims that he never revoked my I 140 application and its a mistake from INS side. He also claims that another employee of his has got the similar letter and hence the attorey has submited a MTR for the previous case.
My questions:
1. If my attroney submits a 'Motion to Reopen' as my employer stating that he never revoked my i 140, will this be sufficient? or its better to submit a job offer letter of new company using AC 21.
2. If I submit a new job letter saying that I found a new job with the same job discription ( AC21), will it automatically revoke my h1?
3. Can I claim that I have found a new employer, and still work on H1B with old employer? Is that a way to new employer with out loosing my H1B.?
Fourm mates: what is the best thing to do?
Did your wife start GC process with her employer also? If yes, maybe her employer cancelled her I140 and that resulted in a notice to you?
Also, ask your wife to check with her former employer if they requested her H1 to be revoked. I read on these forums of cases where a H1 cancel request resulted in intent to deny notices. That could provide answer to your question why they sent you that notice.
Here is what I got.
I got a letter from INS saying that my Employer has withdrawn my I 140 application. and I need to find a new employer with same job discription with in 30 days.
I had done concurrent filing of 140 and 485 and my I 140 was approved in August 2007.
and I am still working on H1B with out changing my employer. Me and my wife both are using AP but not EAD. Couple of months back my wife converted from H1 to H4 after her company let her go.
I called my employer to know the reason as I still work with him on H1B. My employer claims that he never revoked my I 140 application and its a mistake from INS side. He also claims that another employee of his has got the similar letter and hence the attorey has submited a MTR for the previous case.
My questions:
1. If my attroney submits a 'Motion to Reopen' as my employer stating that he never revoked my i 140, will this be sufficient? or its better to submit a job offer letter of new company using AC 21.
2. If I submit a new job letter saying that I found a new job with the same job discription ( AC21), will it automatically revoke my h1?
3. Can I claim that I have found a new employer, and still work on H1B with old employer? Is that a way to new employer with out loosing my H1B.?
Fourm mates: what is the best thing to do?
Did your wife start GC process with her employer also? If yes, maybe her employer cancelled her I140 and that resulted in a notice to you?
Also, ask your wife to check with her former employer if they requested her H1 to be revoked. I read on these forums of cases where a H1 cancel request resulted in intent to deny notices. That could provide answer to your question why they sent you that notice.
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kysrek
02-16 09:42 AM
Please count me in !
Thanks
Thanks
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chanduv23
06-30 12:58 PM
"....but if it is revoked for the reasons of meritlessness or fraud or misrepresentation or error of facts, even if the petition was approved before 180 days of I-485 application, the portability should not be recognized and the pending I-485 application may be denied on the basis of the agency's revocation of the approved I-140 petition"
This is scary. So, the employers can end our GC dreams, techinically. Is the above true even for approved 140 and AC21??? Can someone please clarify.
This is something I discusssed with my Attorney and she said that "employer ONLY withdraws a petition", revoke is done by USCIS. Employer does not revoke your petition.
If anyone had issues with AC21 after employer withdrew an approved 140, please post it here.
This is scary. So, the employers can end our GC dreams, techinically. Is the above true even for approved 140 and AC21??? Can someone please clarify.
This is something I discusssed with my Attorney and she said that "employer ONLY withdraws a petition", revoke is done by USCIS. Employer does not revoke your petition.
If anyone had issues with AC21 after employer withdrew an approved 140, please post it here.
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nviren
04-17 05:21 PM
Fax sent
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arthsidhu
09-11 07:59 PM
so let say they had some numbers free then why did not it got assigned to earlier priority date guys whose cases are ready to go...
i know atleast 10 people who had priority date earlier than june 2003,and they all had filled 485 on first day of june as this approval case, i cannot assume that all these 10 cases have name check or security issues ....
Chiku singhal, I understand your agony or pain when someone is being very cruel to you, destroying everything you love in front of your eyes and you are helplessly watching them do it holding a weapon in your hand with all the artillery needed to protect yourself and your property. You rather not waste one piece of artillery then having all your career ruined. You are impotent, scared and lazy. you keep complaining but do nothing about it. You laugh at your neighbour who gives you a helping hand.
Well my friend I am not trying to offend only you, but I am trying to offend everyone who is not contributing the effort of IV. You don't want even a single penny wasted from a pocket, single minute of your wasted but still like to have the GC riding on the efforts of other people. Shame on you and everyone who thinks that some morons will walk on the street of DC and will shout at the capitol hill trying to get you what you love most in this country a card greener than the leaves of a pine tree just by whining on this MB.
Did you every considered ,of what you could do to revert/stop the injustice done to you. You are giving example of 10 more people, but thats not it, there are hundreds of thousands people like you , rotting in the GC process for years, so much that they stink with the pain of their failure to standup for what is right.
Now this is your chance to wake up, walk on the streets of DC, ask the people who have done injustice to you, question them the reason for this wait and force them to do justice to you and thousands of people like you. Its upto you to decide, whether you want to show your anguish with one more thread on the IV or one more message with your whining or complaining or stand up , walk and contribute proudly with thousands of your friends working for your cause at DC.
i know atleast 10 people who had priority date earlier than june 2003,and they all had filled 485 on first day of june as this approval case, i cannot assume that all these 10 cases have name check or security issues ....
Chiku singhal, I understand your agony or pain when someone is being very cruel to you, destroying everything you love in front of your eyes and you are helplessly watching them do it holding a weapon in your hand with all the artillery needed to protect yourself and your property. You rather not waste one piece of artillery then having all your career ruined. You are impotent, scared and lazy. you keep complaining but do nothing about it. You laugh at your neighbour who gives you a helping hand.
Well my friend I am not trying to offend only you, but I am trying to offend everyone who is not contributing the effort of IV. You don't want even a single penny wasted from a pocket, single minute of your wasted but still like to have the GC riding on the efforts of other people. Shame on you and everyone who thinks that some morons will walk on the street of DC and will shout at the capitol hill trying to get you what you love most in this country a card greener than the leaves of a pine tree just by whining on this MB.
Did you every considered ,of what you could do to revert/stop the injustice done to you. You are giving example of 10 more people, but thats not it, there are hundreds of thousands people like you , rotting in the GC process for years, so much that they stink with the pain of their failure to standup for what is right.
Now this is your chance to wake up, walk on the streets of DC, ask the people who have done injustice to you, question them the reason for this wait and force them to do justice to you and thousands of people like you. Its upto you to decide, whether you want to show your anguish with one more thread on the IV or one more message with your whining or complaining or stand up , walk and contribute proudly with thousands of your friends working for your cause at DC.
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paskal
06-23 05:13 PM
Hi,
For Nor cal, I suggest a direct pm to:
Leader Name: Abhijit Patwardhan
IV handle: abhijitp
he will guide you from there!
For Nor cal, I suggest a direct pm to:
Leader Name: Abhijit Patwardhan
IV handle: abhijitp
he will guide you from there!
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frost_oni
04-09 06:52 PM
welcome to kirupa land!
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abhishek101
10-07 04:47 PM
I came here when I was 20 I have always been in legal status and always followed all the law.
Why should I get relegated to second standard and people breaking the law get preference ahead of me.
I am compeltely American have a CFA and also doing MBA from No 1 college in US. So why people breaking the law go ahead of me?????????
I really feel so cheated with legistlation like DREAM act it is just inhuman
Why should I get relegated to second standard and people breaking the law get preference ahead of me.
I am compeltely American have a CFA and also doing MBA from No 1 college in US. So why people breaking the law go ahead of me?????????
I really feel so cheated with legistlation like DREAM act it is just inhuman
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conchshell
07-23 01:30 PM
So you mean you are continuing on H1B? My gosh ... who advised you to take a CP route. Its always better to opt for AOS, and later on you can convert to CP. But if you choose CP .. and you are stuck .. there is no way to go for AOS. I sympathies with your situation.
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brij523
02-16 05:21 PM
"Thank you. Your comment on Document ID: USCIS-2006-0044-0001 has been sent. Comment Tracking Number: USCIS-2006-0044-DRAFT-0541 "
I posted my comment on the said site. Tracking number is attach above. But when I go and search for my post it is not there. I would let you conclude what happened.
Still you believe you will get justice when fee is raised!!
Best of luck.
I posted my comment on the said site. Tracking number is attach above. But when I go and search for my post it is not there. I would let you conclude what happened.
Still you believe you will get justice when fee is raised!!
Best of luck.
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Lola77
06-09 01:10 AM
ALG, I did pay the I290 585$ because my lawyer said they will not approve I mean not approve but they will not consider if we dodnt pay the fee. So why you wore denied? I wish I can jsut hear somthing I am with my baby's at home and cant even drive and I need to ask people to take me places I need it is so hard, i pray to God soon we all get it , I seriously am so scared:eek: and worried :(not scared but more worried when what you know the questions cant even stop but yeah I hope and I pray they will approve I need to work and support my family it is so hard. Well good luck to yuo
God is gone help us .....
God is gone help us .....
rbharol
09-01 05:55 PM
How long do they take to send receipt?
pd_recapturing
08-17 10:03 AM
This was taken from www.immigration-law.com posted on 6/2/2007 - This explains the current procedure of interfiling I-140 and I plan on making use of the same.
NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
* This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
* However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
* According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
+ Name of 485 applicant
+ Name of I-140 petitioner (employer)
+ I-485 Receipt Number
+ "A" Number of the 485 applicant
+ Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
+ New I-140 to be inter-filed
+ Statement requesting new I-140 be inter-filed with the pending I-485 application.
* These new procedures may be particularly helpful to Indians whose EB-3 number is still heavily backlogged and who filed and obtained a second labor certification application of EB-2 and its EB-2 priority date became "current" in June 2007. Good luck.
http://immigrationvoice.org/forum/showthread.php?t=5482
NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
* This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
* However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
* According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
+ Name of 485 applicant
+ Name of I-140 petitioner (employer)
+ I-485 Receipt Number
+ "A" Number of the 485 applicant
+ Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
+ New I-140 to be inter-filed
+ Statement requesting new I-140 be inter-filed with the pending I-485 application.
* These new procedures may be particularly helpful to Indians whose EB-3 number is still heavily backlogged and who filed and obtained a second labor certification application of EB-2 and its EB-2 priority date became "current" in June 2007. Good luck.
http://immigrationvoice.org/forum/showthread.php?t=5482
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