vvincent72
08-16 04:59 PM
As per me, you really have to do "nothing"
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
Bpositive
02-22 05:17 PM
Talk to a good lawyer...you should be able to sort it out..Congrats on getting into the Phd program at MIT. No mean task...
meridiani.planum
08-11 11:41 PM
Hi Guys,
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
GCNirvana007
10-08 05:48 PM
i sent u PM.
Replied to you.
Replied to you.
more...
bskrishna
01-02 11:47 AM
I am in the same boat..all the transfer cases are taking a longer time to get FP notices.
maheshf
07-30 05:07 PM
I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
more...
DirCls
07-15 08:05 AM
They are entitled fro thier opinior and so are we as immigrants.
We are doing a great job so far, but have to do better.
Long live IV Core and its members!
We are doing a great job so far, but have to do better.
Long live IV Core and its members!
OLDMONK
06-15 02:52 PM
Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.
Is this the number which is on my approved I-140 (A099 XXX XXX) ?
Is this the number which is on my approved I-140 (A099 XXX XXX) ?
more...
ramhs
07-08 03:20 PM
There is no drives even in a 1000 mile radius from where I live, hope this guy gets what he wants, looks like this guy has lots of support, lots of money. Can we do the same for all such people in India, there are probably hundreds of thousands of people in India who are in this situation who have no help like this guy. We should take our mind away from DOS and USCIS for a while and do some better things like this.
zilmax007
04-16 03:47 PM
USCIS loves to have your money :-)
more...
harsh
05-31 09:37 AM
The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
GCSeekerCT
08-22 07:35 AM
Again, I thank the community here for being supportive and hearing me out.
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
more...
psaxena
10-07 07:20 PM
I did the same this one month back. All you have to do is the letter to USCIS telling them that your attorney will not represent your case in future and please mail all the communication directly to my registered home address.
Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.
Look for my previous post related to this and you will find the sample letter as well.
Folks, Please let me know if anyone knows where to send G-28 form if one wants to revoke attorney and be one's own representative?
Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.
Look for my previous post related to this and you will find the sample letter as well.
Folks, Please let me know if anyone knows where to send G-28 form if one wants to revoke attorney and be one's own representative?
actonwang
06-16 02:05 PM
it sounds like PD is a MUST for approval but for actual processing order , as in backlog queue, it seems purely by luck :(
more...
casinoroyale
02-06 09:11 PM
>IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
No. Its all the same 221(g) or Administrative Processing.
No. Its all the same 221(g) or Administrative Processing.
friend99
10-09 04:17 PM
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
more...
Anysia
02-26 11:22 PM
To Texcan...the idea of looking for another state taht will accept BSPT is a good idea. Ill explore that solution. I appreciate that.
I have already talked to a lawyer and a lot of possibilities are presented.
1. File an appeal
2. Go back to old employer...hope they'll take me back
3. HAve me work under previous employer as contract to stay with my denied petitioner.
I dont just hang around here..it pays to be informed. A thousand head is better than one. Lawyers dont know evrything...nobody knows everything. As a client, I have to know as much as I can so I can ask the right question. I plan to hire this expensive lawyer that is notably very good...hope he can find other ways. Ive been researching and reading from other sites not just this forum believe me!
I am currently licensed in Illinois. I appreciate those who take time to reply and present ideas/solutions---which means more avenues to explore leading to more ways to solve a problem. Thank you very much!
I have already talked to a lawyer and a lot of possibilities are presented.
1. File an appeal
2. Go back to old employer...hope they'll take me back
3. HAve me work under previous employer as contract to stay with my denied petitioner.
I dont just hang around here..it pays to be informed. A thousand head is better than one. Lawyers dont know evrything...nobody knows everything. As a client, I have to know as much as I can so I can ask the right question. I plan to hire this expensive lawyer that is notably very good...hope he can find other ways. Ive been researching and reading from other sites not just this forum believe me!
I am currently licensed in Illinois. I appreciate those who take time to reply and present ideas/solutions---which means more avenues to explore leading to more ways to solve a problem. Thank you very much!
lazycis
12-28 08:22 AM
RFE for I-140
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
To company lawyer, since company is the petitioner for I-140.
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
To company lawyer, since company is the petitioner for I-140.
logiclife
12-20 08:06 PM
Accuracy of is really really bogus.
Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".
Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.
data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?
Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".
Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.
data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?
yabadaba
09-26 09:02 PM
Cool down yabadaba. No need to generalise stuff.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
what exactly is it then if it is not exploitation of the system? time and time again we have line jumpers which ends up causing problems for the other indians. time and time again we hear the crab story and thats what we have become collectively. if u didnt file in the category you are in for whatever reason, be it that your lawyer thought of playing it safe or whatever...you are in that category now. just wait in line for your turn.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
what exactly is it then if it is not exploitation of the system? time and time again we have line jumpers which ends up causing problems for the other indians. time and time again we hear the crab story and thats what we have become collectively. if u didnt file in the category you are in for whatever reason, be it that your lawyer thought of playing it safe or whatever...you are in that category now. just wait in line for your turn.
immi_enthu
10-29 06:50 PM
Do we have to go in person to the SSN office to apply for SSN based on EAD for a person who's on H4 before ?