virginia_desi
02-22 08:55 AM
I had a very smooth H1 stamping experience at US consulate in New Delhi on February 19. Everyone around us (atleast 4-5 people) had "PIMS Found" written on their D-156. We were sent to the premium processing line as I was revalidating the visa through the same employer. I was just asked how long I have worked for my current employer. I received my passport within 2 business days.
I hope this helps!!
I hope this helps!!
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Libra
07-09 10:06 PM
If she know the actual problem she wouldn't have said that, she has only half knowledge about the pain many of guys took. so its waste of time to responding to her post. ignore her.
Ms. Smitha nobody became voilent when you said India is great, ok? so cut it off stop visiting this forum so that you'll and others get some peace of mind.
I agree what you said but why the heck the USCIS make my life restless for 2 weeks. i spent 5000 dollors for nothing... that is what we are asking for not to go ahead of people with older priority dates
Ms. Smitha nobody became voilent when you said India is great, ok? so cut it off stop visiting this forum so that you'll and others get some peace of mind.
I agree what you said but why the heck the USCIS make my life restless for 2 weeks. i spent 5000 dollors for nothing... that is what we are asking for not to go ahead of people with older priority dates
adhantari
06-16 10:25 AM
Thanks for your reply.
what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.
Please suggest what he can do in this situation.
If anyone come across in this situation then please reply to my question.
Appericiate your help in advacne
you are mixing up stories here..... I remember your post saying this is what happening to you......
what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.
Please suggest what he can do in this situation.
If anyone come across in this situation then please reply to my question.
Appericiate your help in advacne
you are mixing up stories here..... I remember your post saying this is what happening to you......
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ram04
01-01 10:17 AM
- H1 is still valid even if your 485 got rejected until you get notice to that regard separately.
- If you have not shifted to EAD,You can continue working on H1
I continued working on H1 during my MTR approval process( Sep08 to Dec 08). My 485 got rejected due to earlier employers revocation of I 140.
Attorney gets the notice. Find out from all your attorneys and their staff if you have access to do so.
Call USCIS and find out the reason of rejection first or take info pass and find out the reason and act fast. You have already crossed general response time(30 days normally).
All the best.
- Ram
- If you have not shifted to EAD,You can continue working on H1
I continued working on H1 during my MTR approval process( Sep08 to Dec 08). My 485 got rejected due to earlier employers revocation of I 140.
Attorney gets the notice. Find out from all your attorneys and their staff if you have access to do so.
Call USCIS and find out the reason of rejection first or take info pass and find out the reason and act fast. You have already crossed general response time(30 days normally).
All the best.
- Ram
more...
unseenguy
06-19 01:29 AM
Here is your post on 6/15/2009 @ 4.49pm
http://immigrationvoice.org/forum/showpost.php?p=352619&postcount=82
See the words in RED BOLD font. They highlight you mentioning the word "REFERENCE". Kapish?!
Maybe you should check on your eyesight. And while you're at it, get your head examined as well... memory loss is an early sign of onset of senility.
Dick head, as I said check your reading comprehension skills. I am sure you will flunk it. Agreed reference was in my post but you have diluted the whole meaning of my post. Great that you are a perfectionist who reads words carefully.
You just picked up one words in my post and diluted the whole meaning of it. Cant imagine where chutiyas like you come from.
I am sure you are some lowly developer under threat from off shore vendors and hence desperate to see their backs off you by hook or crook.
http://immigrationvoice.org/forum/showpost.php?p=352619&postcount=82
See the words in RED BOLD font. They highlight you mentioning the word "REFERENCE". Kapish?!
Maybe you should check on your eyesight. And while you're at it, get your head examined as well... memory loss is an early sign of onset of senility.
Dick head, as I said check your reading comprehension skills. I am sure you will flunk it. Agreed reference was in my post but you have diluted the whole meaning of my post. Great that you are a perfectionist who reads words carefully.
You just picked up one words in my post and diluted the whole meaning of it. Cant imagine where chutiyas like you come from.
I am sure you are some lowly developer under threat from off shore vendors and hence desperate to see their backs off you by hook or crook.
drona
07-11 01:51 PM
Yes, Lou Dobbs will only want to quote the Al Jazeera article.
more...
chanduv23
03-25 02:35 PM
Mark's previous suggestion works fine in such scenarios. Do not mention the word "EAD" before hand.Do not mention H1 even. Do not try to even discuss EAD/H1 etc... As long as requirement allows Green card and where ever it is required for you to mention work status, jot down " Elligible to work for any US employer in USA". That would work. After interview, if they select submit EAD as a proof. At that moment they will not be able to deny that as a work status proof.
Note: Other thing I experienced is using the word "Work Permit" in place
of "EAD" makes things easy for everybody.
Right, we must avoid the word as much as possible. But then a lot of reqruiters and HRs now seem to educate themselves about the whole EAD thing and seem to be absolutely fine with the EAD.
Note: Other thing I experienced is using the word "Work Permit" in place
of "EAD" makes things easy for everybody.
Right, we must avoid the word as much as possible. But then a lot of reqruiters and HRs now seem to educate themselves about the whole EAD thing and seem to be absolutely fine with the EAD.
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paskal
07-09 09:16 PM
why do you keep parroting the pro USCIS, pro -antiimmigrant line all the time?
there are times when your realism makes sense, then there are others when it's plain silly.
this was not a mistake. this was not an accident.
civil servants do not show up on weekends by accidents. and they do not do 6 mnths of work in 15 days by mistake.
it was intentional, directed and planned.
you can believe whatever motives you want and you can sympathize with uscis till kingdom come. but pleaaasee don't tell me it was a random event, some act of god that is our destiny or such crap. please!
there are times when your realism makes sense, then there are others when it's plain silly.
this was not a mistake. this was not an accident.
civil servants do not show up on weekends by accidents. and they do not do 6 mnths of work in 15 days by mistake.
it was intentional, directed and planned.
you can believe whatever motives you want and you can sympathize with uscis till kingdom come. but pleaaasee don't tell me it was a random event, some act of god that is our destiny or such crap. please!
more...
vicks_don
05-24 12:01 PM
Getting affidavits that you do not have a birth certificate is the easiest way then using the current one.
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pappu
06-21 02:46 PM
Thank you very much Canadian_Dream and jonty_11
more...
cnag
09-09 04:40 PM
I could not reach the following reps the first time in the morning. I called them again now:
Tammy Baldwin 202-225-2906 - Congresswoman will vote in favour of the bill
Rick Boucher 202-225-3861 - Will pass on the message
William Delahunt 202-225-3111 - Will pass on the message
Guys, Please keep calling. will take less than a minute per call
Tammy Baldwin 202-225-2906 - Congresswoman will vote in favour of the bill
Rick Boucher 202-225-3861 - Will pass on the message
William Delahunt 202-225-3111 - Will pass on the message
Guys, Please keep calling. will take less than a minute per call
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cutehemu
11-14 02:45 PM
just mailed them ...thanx
more...
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poorslumdog
05-10 10:36 PM
Then why do you bother to desparately stay in US? Vote with your feet.
How do you care. If you are trying to convince us to leave the country...its not going to happen. Why do you waste your time. Get beer and chill out. Dont waste your as well as our time.
How do you care. If you are trying to convince us to leave the country...its not going to happen. Why do you waste your time. Get beer and chill out. Dont waste your as well as our time.
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gc_chahiye
06-24 07:25 PM
Can you add a dependent after your 485 is approved?
my lawyer said yes, the important things are that:
1. you must be married before teh I-485 is approved; otherwise the dependent needs to be sponsored under family petition etc. However note that in this case the dependent would be starting his/her I-485 at that point (when you are already approved) so will 'catch up' to approval later (and if dates retrogress, then the dependent is 'stuck' longer, without GC, while you will have your GC and all related benefits (ability to stop working, change types of work etc))
2. the date needs to be current for the dependent to file, but the fact that you got approved means that your PD is current (as you can only get approved when your PD is current)
Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?
yes you can continue on your H1
My wife and I are now leaning towards independent filing, with no beneficiary for now.
we are still undecided, same boat. Warnings from some attorneys (as Pappu has pointed out above) are making us think of filing independently, with teh risk that one person gets GC first and the other would than tag along maybe an year or whatever late depending on how dates move/stay.
what do your lawyers say about multiple 485 filings?
my lawyer said yes, the important things are that:
1. you must be married before teh I-485 is approved; otherwise the dependent needs to be sponsored under family petition etc. However note that in this case the dependent would be starting his/her I-485 at that point (when you are already approved) so will 'catch up' to approval later (and if dates retrogress, then the dependent is 'stuck' longer, without GC, while you will have your GC and all related benefits (ability to stop working, change types of work etc))
2. the date needs to be current for the dependent to file, but the fact that you got approved means that your PD is current (as you can only get approved when your PD is current)
Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?
yes you can continue on your H1
My wife and I are now leaning towards independent filing, with no beneficiary for now.
we are still undecided, same boat. Warnings from some attorneys (as Pappu has pointed out above) are making us think of filing independently, with teh risk that one person gets GC first and the other would than tag along maybe an year or whatever late depending on how dates move/stay.
what do your lawyers say about multiple 485 filings?
more...
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coopheal
08-07 12:26 PM
All,
Lets do another flower campaign to wish get well soon to SunnySurya and Rooling_flood.
Get well soon Mamu...
I agree. People are not born evil. Situation makes them. Same is happening with SunnySurya and Rooling_flood.
Lets do another flower campaign to wish get well soon to SunnySurya and Rooling_flood.
Get well soon Mamu...
I agree. People are not born evil. Situation makes them. Same is happening with SunnySurya and Rooling_flood.
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logiclife
01-11 12:55 PM
I dont really know what section 503 means.
Does it mean that "other worker" that is nannies and cooks and gardners will get preference?
--logiclife.
Does it mean that "other worker" that is nannies and cooks and gardners will get preference?
--logiclife.
more...
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drona
07-09 08:07 PM
Thank you for your efforts nixstor. Wish I could go but I'm in California. Please take pictures for us!
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h1techSlave
04-17 09:41 PM
In technology field, your trump card is your superior knowledge in your field. If you are very thorough in your area of expertise, employers would anything for you.
After numerous job searches and process I have been associated with, I have found following things:
All skilled people get the job they want. Hiring process in US is very slow and if you hold your ground eventually employers agree to your demands. I understand that the applicant here wants to work for capital 1. However, I would not advise on confronting an HR person directly. That may play against your long term interest with the company. Listen to whatever HR says and just thank them and say if there is any future opportunity you will be willing to consider.
After that report the matter to DOJ. Do not come across as someone who is creating trouble for employer. You will make your case difficuilt for future opportunities with that employer. AOS, 485 are all temporary things but you and capital 1 are staying there for ever. So report such cases without employers getting any hint of who did it.
After numerous job searches and process I have been associated with, I have found following things:
All skilled people get the job they want. Hiring process in US is very slow and if you hold your ground eventually employers agree to your demands. I understand that the applicant here wants to work for capital 1. However, I would not advise on confronting an HR person directly. That may play against your long term interest with the company. Listen to whatever HR says and just thank them and say if there is any future opportunity you will be willing to consider.
After that report the matter to DOJ. Do not come across as someone who is creating trouble for employer. You will make your case difficuilt for future opportunities with that employer. AOS, 485 are all temporary things but you and capital 1 are staying there for ever. So report such cases without employers getting any hint of who did it.
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nkavjs
09-17 12:01 PM
It is told that most of the July 2 filings are waiting, but July 17 filings have received RN. Perhaps it all depends where USCIS folks put bundles of applications initially meant for rejection/return. I am also one of the July 2 filers still waiting
OR MAY be... (just an another option).. that our application (jinxed stack of application recd. on 2nd july 2007) are still lying in the janitorial dept or may be quarantine dept. .. you never know..
I hate to even think about this entire wait.. stress and agony I have to go thru every day
OR MAY be... (just an another option).. that our application (jinxed stack of application recd. on 2nd july 2007) are still lying in the janitorial dept or may be quarantine dept. .. you never know..
I hate to even think about this entire wait.. stress and agony I have to go thru every day
ras
08-08 10:06 AM
Good job analysing this particular issue. Appreciate ur patience in sharing with others.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
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