theconfused
03-18 05:08 AM
Dear All,
My history has be read at -
http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/908350-missing-pay-stub-in-past.html#post1255553
Summary - I have a valid H1B visa till 31 August 2010. I went for visa interview (renewal of H1B) on 25th Feb 2010. I was given 221g form. It was mentioned to submit few documents in the form. Documents were CV, job description, last travels to US in 5 years etc. I submitted those on 26th Feb 2010.
On 3rd March 2010, i returned back to US with my valid H1B visa and current I-797A. Got an I-94 at the Chicago port of entry with the expiration date of 30 September 2011 (same as expiration date of I-797A).
On 16th March 2010, i got an email from New Delhi embassy asking me to submit the passport. I replied asking if they need it for visa stamping. Embassy just replied with the same message asking for the passport.
The same day i called DOS (Department of State) and they mentioned that my case is still pending and they are not sure that why the embassy needs my passport?
I emailed embassy asking that how soon should i travel back to India. The NIV unit mentioned as early as possible.
Do you guys have any idea what is likely to happen when i submit my passport?
My history has be read at -
http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/908350-missing-pay-stub-in-past.html#post1255553
Summary - I have a valid H1B visa till 31 August 2010. I went for visa interview (renewal of H1B) on 25th Feb 2010. I was given 221g form. It was mentioned to submit few documents in the form. Documents were CV, job description, last travels to US in 5 years etc. I submitted those on 26th Feb 2010.
On 3rd March 2010, i returned back to US with my valid H1B visa and current I-797A. Got an I-94 at the Chicago port of entry with the expiration date of 30 September 2011 (same as expiration date of I-797A).
On 16th March 2010, i got an email from New Delhi embassy asking me to submit the passport. I replied asking if they need it for visa stamping. Embassy just replied with the same message asking for the passport.
The same day i called DOS (Department of State) and they mentioned that my case is still pending and they are not sure that why the embassy needs my passport?
I emailed embassy asking that how soon should i travel back to India. The NIV unit mentioned as early as possible.
Do you guys have any idea what is likely to happen when i submit my passport?
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morchu
04-22 09:41 AM
Since your H4 COS is not approved yet, you are not YET in H4 status.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
spicensour
06-17 01:26 PM
PD - august 2002
140 AP - august 2005
485/EA/AP - sent it out today
Have you recd. any communication from the processing center yet. I sent the forms on June 5 and have not heard anything yet.
Does anybody on the forum know how many days does it take for the processing center to acknowledge?
PD aug 2003.
I140 March 2006
I485/AP/ sent on June 05,2007.
140 AP - august 2005
485/EA/AP - sent it out today
Have you recd. any communication from the processing center yet. I sent the forms on June 5 and have not heard anything yet.
Does anybody on the forum know how many days does it take for the processing center to acknowledge?
PD aug 2003.
I140 March 2006
I485/AP/ sent on June 05,2007.
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vts31
09-22 03:00 PM
photoshop is amazing.,.... but if your an artist...like the way painter outputs is really intuitive...the only problem is it has a lot of like variable parts that can seem overwhelming. plus i hate how photoshop doesnt have an add water option like painter. that thing kicks so much ***. I think its a good idea to have both.
more...
hope2007
08-15 03:22 PM
My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...
My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.
Anyone in the same boat..
My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.
Anyone in the same boat..
bsnf
08-17 09:44 AM
I travelled to India via Dubai last Nov returned Dec 31st - did not have any problem. They only checked AP and passport - I did not carry any supporting documents - was not asked in Dubai or US.
I am travelling again via Dubai in Dec returing Jan.
I am travelling again via Dubai in Dec returing Jan.
more...
kabeer_g
08-10 02:05 PM
Well we had Hindu marriage in May. We have our marriage card, pictures, witnesses etc. So I was under the impression that I would be able to get certificate from registrar. Here is info I got
"
Under the Hindu Marriage Act:
Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."
"
Under the Hindu Marriage Act:
Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."
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desitechie
01-11 02:11 PM
Hi,
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.
AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.
I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.
I personally used H1 transfer and AC21.
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.
AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.
I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.
I personally used H1 transfer and AC21.
more...
sheshadripv
12-13 12:45 PM
My collegues have travelled via Germany with exipred visa(they had valid I94s too). and I heard that only via Germany transit visa is not necessary. But if you travel through France, transit visa is necessary.
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Berkeleybee
05-25 07:17 PM
What about validating the visas in the US? I think it was some where in Brownback amnd.
There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
more...
deecha
07-16 03:07 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
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bekugc
03-05 06:58 PM
pls respond... thanks ^L^
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gcwaiting17
09-11 12:15 PM
I am in the same situation. My case reached NSC on July 2nd. But received receipt from CSC with WAC#. After that received EAD. Yesterday received mail stating that my case is transferred to NSC for jurisdiction with RD Aug. 28t and ND Sep. 6th.
My I140 got approved few months back before I485 applied date.
My I140 got approved few months back before I485 applied date.
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funny
08-13 01:20 PM
Hi,
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.
more...
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InTheMoment
09-16 11:59 AM
What has the Name Check initiation got to do with the submission of finger prints...Nothing.
I bet your notice date is about 2 weeks before your Name Check initiation (Sept 18, 2007).
Would believe the dates the IIO gave you.
I bet your notice date is about 2 weeks before your Name Check initiation (Sept 18, 2007).
Would believe the dates the IIO gave you.
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ajm
05-25 08:16 AM
Opening a new thread to discuss the Gregg amendment which passed the Senate yesterday.
more...
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she81
06-30 01:42 AM
I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?
Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.
Thank you all in advance.
You can if the requirements are worded in such a way that they could use equivalent education in lieu of experience. you really need to take a look at the text.
Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.
Thank you all in advance.
You can if the requirements are worded in such a way that they could use equivalent education in lieu of experience. you really need to take a look at the text.
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pady
06-18 07:17 PM
No, I don't have any agreement with my employer. The only noncompete is between my employer and the vendor. The client is happy to work through different vendor.
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willwin
08-11 10:36 AM
Here you go!
senram
01-20 05:06 PM
I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.
At this rate...after couple of years the GC backlog will only be restricted to EB-India
At this rate...after couple of years the GC backlog will only be restricted to EB-India
mrajatish
03-24 04:35 PM
Friends,
In your opinion, if we were to choose among the many amendments people are proposing to improve the pending immigration billsm what will you choose?
My choice is
1. Either remove country quota
or
2. Re-instate soft quota.
Other choices could include
1. Filing of 485 with pri dates
2. H1b extension by 3 yrs with pending labor
3. Including MBA under stem
One request - please think of the broader implications of your choice and not your case. E.g, my wife has 140 pending approval and 485 will help me immensely but I would rather have the GC than EAD, so that is why I chose country quota removal. It unfairly victimizes an individual for his/he country of birth.
In your opinion, if we were to choose among the many amendments people are proposing to improve the pending immigration billsm what will you choose?
My choice is
1. Either remove country quota
or
2. Re-instate soft quota.
Other choices could include
1. Filing of 485 with pri dates
2. H1b extension by 3 yrs with pending labor
3. Including MBA under stem
One request - please think of the broader implications of your choice and not your case. E.g, my wife has 140 pending approval and 485 will help me immensely but I would rather have the GC than EAD, so that is why I chose country quota removal. It unfairly victimizes an individual for his/he country of birth.
