dpp
07-27 03:02 PM
I-485, 765 and 131 forms are for the applicant who wants to adjust status/ work/travel. So, applicant signature is required. Even though you fill G28, that is for authorizing the attorney in preparing and submitting the forms.
I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.
Please ask your attorney why he did like that.
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.
Please ask your attorney why he did like that.
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
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bekugc
04-04 03:13 PM
Flexi,
ur just making what we refer to as a 'h1 transfer'. u donot have to wait till oct to begin ur work at the new employer. anytime after u get ur receipt u can terminate the first job and join the new one.
regarding
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
ans: as long as u have NOT terminated ur existing H1 employment, u can travel ( assuming u have a valid visa to reenter the US). it doesnt matter whether u applied for h1 transfer or not, as long as ur current H1 visa is valid and ur maintaining proper H1 status at existing emplyer, u shud not have problems coming back to US on H1. after u come back , depending on whether ur got ur new h1 receipt , u can terminate first job and join the new one.
In regards to the timing of a petition -
as we have mentioned, ANY time after recieving receipt u can start ur new work...so why u waiting for absolute 1 or 2 weeks before july to start the paperwork???? do it 4 weeks before, and even if receipt comes early, nobody will force u to join then and there. once u have receipt, u can give whatever reason u want and join the new employer at ur chosen date....
ur just making what we refer to as a 'h1 transfer'. u donot have to wait till oct to begin ur work at the new employer. anytime after u get ur receipt u can terminate the first job and join the new one.
regarding
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
ans: as long as u have NOT terminated ur existing H1 employment, u can travel ( assuming u have a valid visa to reenter the US). it doesnt matter whether u applied for h1 transfer or not, as long as ur current H1 visa is valid and ur maintaining proper H1 status at existing emplyer, u shud not have problems coming back to US on H1. after u come back , depending on whether ur got ur new h1 receipt , u can terminate first job and join the new one.
In regards to the timing of a petition -
as we have mentioned, ANY time after recieving receipt u can start ur new work...so why u waiting for absolute 1 or 2 weeks before july to start the paperwork???? do it 4 weeks before, and even if receipt comes early, nobody will force u to join then and there. once u have receipt, u can give whatever reason u want and join the new employer at ur chosen date....
reno_john
06-11 12:00 PM
You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
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GCwaitforever
03-17 12:53 PM
First we need to make sure all BEC cases from 2001-2003 are processed. Then only we can speculate on EB2 India 2004. When USCIS publishes end-of-year stats for 2007, we will know more about the situation.
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
more...
thepaew
09-24 03:44 PM
Okay - Good Luck! I hope that you get your GC and admit soon. Most probably, I am headed to a non-US program next year as I have waited too long for the elusive GC. :-)
Ciao
thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.
Ciao
thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.
Lasantha
02-12 02:41 PM
But I think the best approach would be to talk to a lawyer. Don't take any chances with this.
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yeah she is second generation Indo S.African (another 3rd world country). Will you please let how to change country of chargeability with out talking to any immigration attorney
more...
seeking_GC
07-19 03:35 PM
Thanks for ur reply..anyone else has any input on this??
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EB3_SEP04
09-16 04:32 PM
It's time to tell CNN not to give a platform for racists.
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
- JK
Don't worry, his viewership is something like 200k. considering 300 million population of the US, just think what %age of people watch him? i don't think his constant whining makes a diff. Americans are smart enough that these so called news anchors are nothing more than sales/marketing guys employed indrectly by the political parties.
People like Sean Hannity, rush linbaugh constantly bashed Obama (they still do), but how much diff does it make to the american people?
another comparison: people like Dobb and Hanitty make $8-10 million a year, whereas Howard Stern makes $100 million a year. If people took these jokers seriously they would worth much more.
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
- JK
Don't worry, his viewership is something like 200k. considering 300 million population of the US, just think what %age of people watch him? i don't think his constant whining makes a diff. Americans are smart enough that these so called news anchors are nothing more than sales/marketing guys employed indrectly by the political parties.
People like Sean Hannity, rush linbaugh constantly bashed Obama (they still do), but how much diff does it make to the american people?
another comparison: people like Dobb and Hanitty make $8-10 million a year, whereas Howard Stern makes $100 million a year. If people took these jokers seriously they would worth much more.
more...
gxr
10-03 06:58 PM
So, is that when you got the background check ?
Here is why I am asking the question:
My RD was 10/06, LUD was 10/26 and I am now afraid that mine may be another background check case.
Here is why I am asking the question:
My RD was 10/06, LUD was 10/26 and I am now afraid that mine may be another background check case.
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jackdaniels
06-11 06:46 PM
http://www.time.com/time/nation/article/0,8599,1631758,00.html?xid=rss-topstories
more...
noone2day78
02-10 07:00 PM
Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
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xgoogle
11-12 05:44 PM
I received my GC on 08/15/08. PD 03/2006. My spouse did not. The dates have since moved on and it seems until July/Aug 2009 there can be no hope. She has an EAD until 10/2010and is employed on its basis. Does changing my job effect her I-485 application ? Will I still need to file an AC21 ?
more...
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kaisersose
05-30 10:17 AM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
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krishnam70
11-20 03:48 PM
Hi all,
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
more...
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tabletpc
09-27 09:27 AM
yesterday in Lou Dobbs i heard that an illigal immigrant who was arrested at the border of mexico stole the border patrol vehicle and drove back to mexico in that vehicle. Later helicofters were sued to recover the vehicle. LOL...!!!!
I watch his program every day as i reach home at the start of this program. I watch anxiously hoping they might mention somewhere for atleast for 10 sec about legal immigrant...but they never...!!!Jsu tjsut keep mentioning about illigal immigrants whole hour of the show.
Sometimes i feel its high time to reconisder the US dream...!!!!
I watch his program every day as i reach home at the start of this program. I watch anxiously hoping they might mention somewhere for atleast for 10 sec about legal immigrant...but they never...!!!Jsu tjsut keep mentioning about illigal immigrants whole hour of the show.
Sometimes i feel its high time to reconisder the US dream...!!!!
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mzdial
March 15th, 2004, 01:37 AM
I'm guessing this topic was spurred by my post about the cameras I carry.. :-)
I didn't buy that particular phone for the camera, it was built-in.. Quality isn't great and you know that going in that -- it's a toy.
It does have some nice options on the phone, especially when the phone is reprogrammed. (I have a buddy that works for Motorola up in Chicago.) All the options on the phone are open now on it. That was my particular motivation in the phone. I use the GPRS on the phone to transmit pictures on occasion from my powerbook (plugs in via USB -- works as a GPRS modem or a standard 9600 baud analog modem) .. Very nice. It's got the built-in POP/IMAP message center and all that good stuff too.
I'll take a couple pictures with it and post it here tomorrow when I get a chance.
-- Matt
I didn't buy that particular phone for the camera, it was built-in.. Quality isn't great and you know that going in that -- it's a toy.
It does have some nice options on the phone, especially when the phone is reprogrammed. (I have a buddy that works for Motorola up in Chicago.) All the options on the phone are open now on it. That was my particular motivation in the phone. I use the GPRS on the phone to transmit pictures on occasion from my powerbook (plugs in via USB -- works as a GPRS modem or a standard 9600 baud analog modem) .. Very nice. It's got the built-in POP/IMAP message center and all that good stuff too.
I'll take a couple pictures with it and post it here tomorrow when I get a chance.
-- Matt
more...
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mani_r1
12-11 03:09 PM
I got only 2 copies of AP from TSC. I might have to go to India multiple times in coming months (more that 2). Will the POE officer take the original AP on each entry? Is there any USCIS/CBP reference/guidelines that instructs the POE officer to take the copies and leave the orignals with us? Any help appriciated
Thanks
Thanks
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dehradoon
11-13 06:08 PM
ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.
Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's
So, The bottom line is if -
I140 approved and 485 pending for more than 180.
START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1
THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.
OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.
Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's
So, The bottom line is if -
I140 approved and 485 pending for more than 180.
START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1
THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.
OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL
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krishnam70
02-22 12:48 PM
This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.
Do not want to spread the panic but ....Be careful..
- good luck
kris
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.
Do not want to spread the panic but ....Be careful..
- good luck
kris
BMS1
11-08 12:50 PM
It appears that this 655K includes family based I485 cases too who are in a different queue.
USDream2Dust
07-21 07:37 AM
Thanks for the responses. I think I will call USCIS and inquire and just to be on the safe side will send in a G325A separately with a letter. Ofcourse, will try getting a response from my attorney's office too. Thanks again.
Also please the let us know what you find out after calling USCIS.
Also please the let us know what you find out after calling USCIS.
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