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  • gchopefull
    10-02 03:52 PM
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  • jasmin45
    08-08 02:39 PM
    Hi -
    I have seen many scary posts where ppl are asked for W2, Pay stubs etc before filing I-485. What abt after filing I-485? .suppose if I end up being on bench then am I out of status? Pl let me know...It will be a long wait I am not sure it will be easy for us to predit the un-expected......

    Please let me know...

    Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
    Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?





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  • english_august
    07-05 10:03 PM
    I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?

    A single bouquet to the USCIS, perhaps will meet that fate. 500 on the same day? Well, that's a news story and that's what we are trying to do here. ;)

    Moreover, I don't understand the argument that those $30 given to IV will be useful. I am sure it would be and I am a recurring contributor, but can't these 30 dollars be over and above what we give to IV? It shouldn't be an either-or situation. I think this is an action worth taking.





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    06-09 06:52 PM
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  • bharol
    07-04 06:08 AM
    Hi,

    I have Green card. I was wondering if owning a Gun legally can have any implications in getting citizenship later.

    I found that in California, where I live, it is legal for non-citizens to own a gun.





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  • virald
    08-14 12:13 PM
    My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.

    Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?

    Gurus, please advice

    (BTW I have an approved I-140.)

    Q6: What happens if an application is filed at the wrong Service Center?
    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.


    From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    You should be okay



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  • designserve
    11-08 01:12 PM
    The embassy is free nowadays... calendar opens up 2 weeks before. I went thru the process 2 months ago...It was the same.





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  • swadeshi
    06-20 04:15 AM
    I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??

    Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.

    Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...

    Thanks



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  • priderock
    11-29 03:36 PM
    I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.

    The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.

    My question is:

    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.


    What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?

    It is not possible to get the stamping on company "B" if you have H1 from company "A".



    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.


    You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.


    Any help is greatly appreciated, I need to decide fast. Thanks a lot.





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  • kondur_007
    09-21 10:45 AM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble

    I agree with all of the above advises and add one more thing:

    Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.

    In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
    Good Luck.



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  • chanduv23
    07-31 11:10 AM
    You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
    I second that. EAD must be used only in dire circumstances like exploitative employer, low salary, layoff, fired, etc.. if you are having a decent job and good pay, you are better off to be on h1b as much as possible





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  • sukhwinderd
    09-11 10:55 AM
    i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
    i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
    from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.



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  • smisachu
    08-04 09:41 AM
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  • Hermione
    10-02 03:58 PM
    I think if your company goofed on RFE, your best option is Motion to Reopen (it is used to submit new evidence, as opposed to ask for a different interpretation of existing evidence, which is an appeal). There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon).

    Yes, the whole PERM/I-140/I-485 is for future employment. You do not have to work for the sponsoring employer until the date of your approval.



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  • gc28262
    03-26 07:10 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    Have you gone out of the country and came back to USA on H1B visa after that ?
    If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).





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  • gc_75
    07-17 08:58 PM
    As far as I know, nobody is disputing that.:)

    just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ??



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  • lostinbeta
    10-20 10:48 PM
    Censoring yourself now dan?





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  • go_guy123
    01-04 10:30 AM
    This decade was lost because the Hispanic caucus was hell bent on Comprehensive approach...all or nothing model...and therefore got nothing.





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  • WaldenPond
    06-29 09:04 AM
    Hello jkays94,

    Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.

    A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -

    “In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”

    “The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”

    At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.

    Thank you Randallemery.

    WaldenPond





    gc_check
    01-23 12:29 PM
    One thing to notice, the Processing Dates are as of November 30, 2008 that is posted on Jan 23, 2009 for all 4 service centers.





    dartkid31
    05-18 12:13 AM
    I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.


    Has there already been a vote to kill F4? If so, do you know what the amendment nummber is? Thanks.



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