Tuesday, June 7, 2011

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  • rkat
    08-16 02:56 PM
    I already have a H1B with a cap exempt employer for the last 4 years. This H1B is valid for another 2 years (6 years total). I had planned to switch my job because my current employer had refused to file for my GC.

    A contracting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.

    Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
    4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    I greatly appreciate all your help ! Thank you!





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  • pointlesswait
    03-31 12:39 PM
    take that dispute report and go to your local police station..

    If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.

    If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.





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  • gc28262
    07-29 06:00 PM
    Lesson learned:

    Always note the rep id, date and time when talking to USCIS customer service.

    This information will come handy when reporting issues to Ombudsman's office.





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  • ashkam
    06-25 11:35 AM
    The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.

    Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.



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  • katakamk
    07-11 03:00 PM
    Yes, USCIS can raise RFE ability to pay even in I-485 stage.





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  • devikas81
    09-11 09:24 AM
    R u on H1B or on EAD, If you are on EAD, can you pls. tell me what documents you sent to USCIS for AP renewal, The reason i am asking is because last year when i renewed my EAD and AP, at that time i was on H1 but now i am on EAD.
    I really appreciate your reply,

    Thanks,



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  • WeShallOvercome
    07-31 12:41 PM
    I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.

    Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.


    You are right but the same condition exists for filing I-485.
    If they allowed you to file I-485, that means they will consider everything else in the same spirit... I'm pretty sure those children will not age out!





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  • akhilmahajan
    04-30 02:25 PM
    bumping up >>>>>>>>>>>>>>>>>>>>>



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  • vinzak
    06-17 12:56 PM
    It is not illegal

    If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.




    So if i created an app and sold it, wouldn't i be working for myself and deriving financial compensation?





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  • akhilmahajan
    04-30 12:27 PM
    Your case got approved pretty fast........

    I just wanted to make sure it was not filed premium.........

    Thanks.



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  • Dhundhun
    10-15 01:49 PM
    Is the U.S. Losing Its Edge in Tech?



    In one word answer seems to be "yes". Few indicators are:

    - With CERN Large Hadron Collider, Europe took a quantum leap into physics
    - With Airbus A380, Europe taking lead in passenger aircraft. It is technically superior as only two flying crew member perform role of flight engineer and navigator. We can not forget supersonic Concorde.
    - In cloning several other countries are ahead
    - US does not have technology/infrastructure to make chepeast car in the world.
    - Due to business model, usually cellular devices/services are better in Europe and Asia
    - US is not economically better for putting Satelle in space, the economy is also one of the indicator of technology.
    - In car, Europeans are better

    However US $ muscle and can do things such as:

    - To keep superiority in air over SU MKI-30 (around $45 million), F-22 (around $200 million) can be mass manufactured
    - Deep space exploration, sending probes
    - Space shuttles for space research
    - NTSC was inferior to PAL and SECAM, can take a leap into HDTV





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  • Redeye
    08-21 03:21 PM
    Thank you, however I was not expecting it.

    Be nice, give it forward. It easy to be frustrated does not take much, it takes a lot to be nice.

    Njoy life . Buy a corvette. :)


    Thanks, I gave you some green dots for your answers.
    You asked about my age: I will be 40yrs old this December..



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  • cox
    May 1st, 2005, 02:16 PM
    Nice shootin' Anders! I've done a lot of trial and error shutter speed experiments at airshows, for example, to get blurred propellers and backgrounds, but that requires tracking. I did a similar experiment for a friend who wanted a picture of his car, and I think each situation is so unique you just have to take a lot of shots to get the effect you want. I took ~100 frames to get this:
    http://www.dphoto.us/forumphotos/data/932/medium/front_ds_quarter_rt_C.jpg (javascript:;)

    1/50s, f4.5, ISO 50





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  • tnite
    07-26 02:17 PM
    I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

    1) Is it safe to change one's residence(different state) ?

    2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

    Thanks
    Funny that you're talking about moving and I thought about my life for a moment and here it is :

    I was supposed to move couple of months ago to Stamford, CT (ninety miles form where I live and work now) but decided to stay after the July bulletin became current.I informed the apt mgmt that I want to extend the lease .

    I didnt want to move after hearing horror stories from folks who did(Some of them did not get the FP notices, receipts and all that stuff).

    Then sent in all the papers on July 2nd. USCIS came out and said we are not going to accept. I waited for a week. Nothing was happening so decided to move by the end of August.Called in the Mgmt and informed that I will move out by the end of August.

    The came July 17th , when USCIS reversed their decision to accept. I called in the mgmt and told them some excuse and ask them to extend the lease by another month. Never ending uncertainity continues......

    This is my story folks.Some may want to know Why I want to move, My wife got her project in jersey city and we decided that living in Stamford,CT would be half way for each of us and that was the only way we could live together. 90 miles drive each way for me and 11/2 hr each way for her .
    End of the day, thats what matters.



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  • njboy
    06-09 11:35 AM
    bottom line is guys..they've figured out a cash cow, and will milk it..can a person on H1B afford 5 months of waiting for renewal/job change extension? What if there is an emergency at home? there's always a solution, beg the company to pay $1000.00 and convert it into premium process. What if the company does not want to? You are sc***ed! The waste products are going to hit the overhead air circulation device once they start processing the 13 mil. illegal immigrants.





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  • GCMD0203
    09-10 02:24 PM
    I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19
    Hi,

    I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is

    Have you ever filed an immigrant petition for any person in this petition?

    Last year when I filed for H1 extension I had checked 'NO'

    But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'

    I will appreciate if you can help me with this.

    Thanks,



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  • techbuyer77
    06-20 01:13 PM
    However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer.

    Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.





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  • map_boiler
    09-25 05:22 PM
    ...but could be due to unavailability of visa numbers for EB2-I in September. So even though the ported PD of Nov 2004 is current in September, the October visa bulletin has clarified that the EB2-I numbers were actually unavailable in September. See below:

    E. EMPLOYMENT VISA AVAILABILITY

    Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the “unavailability” of all Employment Third preference categories beginning in July, 2) the “unavailability” of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.

    Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.





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  • ziri
    09-10 11:02 PM
    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.

    This is crazy. How come am waiting for my I-140 since May 15, 2006





    Ennada
    12-16 11:25 AM
    Yes. I got mine extended in FL with EAD.. but the extension was only for an year eventhough the EAD was for 2-years.

    ~GCA

    Even with H1, they renew the DLs only for a year. That the way FL rolls. I've been renewing every year since 2002.





    lost_in_gc_land
    01-31 01:18 PM
    lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!

    Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?



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