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ilanbenatar

04-25 11:29 AM

Hi "Domino",

I read your question and was wandering what path did you choose.
I am currently under the same process and conflicted on weather to apply for an O-1 or an EB1-EA green card.

I am a film editor and my case is not a very strong one so I'm contemplating the pro's and con's of both options.

It will be great if you could tell me about your experience.

Thanks,
Ilan

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amsgc

06-30 07:26 PM

I like this thread - positive, reasonable, and makes sense.

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prioritydate

08-14 12:26 PM

This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:

People may post their answers, proving that I am wrong.

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motown

10-21 10:50 PM

I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated


AC-21 Public law 106-396 might be applicable to your case. Please read the last paragraph in page 10 from the following link

http://www.uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf

I am not an attorney. Use it at your own risk.
Good Luck.

Motown

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JunRN

11-05 04:31 PM

Can we discuss something about "Follow-to-join" and what it is all about? That is one thing I don't understand.

Thanks!

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grupak

12-10 09:47 AM

there is a way to contribute less than $100

Use paypal and send any amount you like to
donations at immigrationvoice dot org

Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100

Please post contributions on the main fund drive page, and motive others.

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Volvo V70, Manual Petrol. £ 26304. Model year:

ja258

04-03 11:16 AM

My case was rejected with incorrect fee as reason. But my lawyer claims that the rejection packet did not have the original checks. So, they don't know whose fault it is. Any one with similar issue ?

I was just wondering how you resolved this issue. I'm in a similar situation,I mailed the correct fee for sure,but a month later my package was returned with a claim that I sent an incorrect fee. I'm so confused and not sure what to do because I know,in fact I checked the money orders (985 and 85 (biometric)) again and again before mailing it,and I even have a record of the money order now. I don't understand...

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sankap

07-06 06:31 PM

I'm not sure that the comment "once you use EAD, you cannot go back to H1B" is correct. True, once you use EAD, you don't have an H1 status, but I understood you could always go back to the H1 status (with a new filing/transfer). Any one has more info/reference?

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T5R,

yestogc

07-02 09:52 PM

Once you use EAD, you cannot go back to H1B.
Also I did not understand what you meant by :

"But need to bring my spouse in few months on H4"

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ajay

04-21 10:58 AM

My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.

Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.

thanks

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eastindia

05-14 02:19 PM

It is a very sad story. We people who have legal status feel very very lucky after reading his story. We can only imagine what this poor kid was going tough mentally. He did not have the right to education in college, could not drive and could not pursue his interests. He could not even go back to his country because he did not know anything else other than USA.

These kids deserve a better life than constantly living a life of fear and hopelessness.

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copsmart

02-20 09:06 PM

First of all, her employer will be in trouble sooner or later, for keeping her on bench and not paying.
I don�t think she is accumulating any out-of-status days, because she is still working for the employer. However, it is illegal to employ someone without pay on H1.

Aren�t you aware of the recent raids and arrests?

Best bet is to get her back on H4 ASAP or ask her to leave the country and come back on H4, whichever you think can be done fast.

Members,

I need some help to act in right direction.

In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.

Feedbacks, as highly appreciated.

~cheers

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Volvo V70 T5 quot;Rquot; vm.2002

Dipika

08-14 01:10 PM

Not sure what way they are going to approve cases.
But i noticed, All approved cases are clear, means no RFE in any stage.

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GC_1000Watt

05-25 01:50 AM

Please share if anyone of us has taken care of PIMS thing in any way. I wanted to handle this PIMS thing well in advance in order to avoid any possible hassle or delays later on while I go for stamping in Mumbai consulate.

Thanks in advance.

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desi3933

02-18 09:56 AM

I agree with snathan.
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...

Incorrect.

As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

______________________
Not a legal advice.
US citizen of Indian origin

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gultie2k

07-02 08:41 PM

Got an online notification today that H1B extension is denied. 3 yr extension filed with 140 approval. Been with same compny for 6 yrs. Never on bench. USCIS didnt provide any details when we called them. Am I out of status from today. Can I still try for a new H1? Ideas please.
Thanks

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mast_mastmunda

11-10 06:13 PM

Thanks again for the reply and wishes!!

Also sorry for another question as I forgot to mention this earlier.

My new H1B has more than 6 months of validity period.

One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???

Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009

Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010

As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?

Appreciate your help!

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GCanyMinute

08-22 03:48 PM

:) I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
Thanks in advance for any help. :D

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insbaby

08-12 09:12 AM

1. Check with your lawyer on this

2. Do not send affidavit for Aug 20th. Then you end up with documents having two birthdates and affidavits for confirming both birthdates. Instead, just leave it and wait. You may or may not end up with an RFE.

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walking_dude

01-28 07:22 PM

Your situation is exactly like mine. Got OCI for first kid and PIO for the second.

Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.

This question is specific to Indian nationals with children born in US.

Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?

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mlkedave

03-06 06:37 PM

o and paddy why isn't klabboration in kirupa lab?

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