Kama Of Kingstone

Did you put in your A# OR THE Petition Number 3 in that form. Please respond.

I did put in my A# which I then thought was same as the A# listed on the EAD for OPT. Obviously, I was wrong.
My point is, it's OK if you don't put in your A#.
But it would help if you put the receipt #.
They just use all of this information to retireve your record. If there's some information missing such as the receipt number, it would just take them longer to retrieve your records.
Try to get atleast the I140 receipt number from your employer. Dont worry about the A# (just put in NONE). I think they can very well dig out your application based on the receipt number.

Even if you dont get the receipt number, go ahead file the form and provide as much details as you possibly can regarding the I140 petition; attach a separate sheet if needed.
Dont forget to get the form notarized.

I got it correct yesterday .
Thanks for the advice.


For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!

1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.

If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status

If you are out of university and company A's H1 is not valid, you are out of stats.

Please check with attorney asap.
What Snathan said above is absolutely 100% correct.
However as someone else said about stamping and getting over the out of status period issues is not correct, if at any point you were out of status (no salary or no valid i-94 (white card or the 797)), it may come back to haunt you during GC process.
Without getting into the risk/debate of whether you were counted for cap when "A" filed for your H1, in order to file with another employer "C", it is advisable to work for "A" if they have a valid H1 filed for you and if you have just left the University employer without any delay and consult with an attorney to remedy the out of status issue for the period since you left the Univ. employer. And as always, if you think you were helped by the senior members here, please consider helping IV by donating to your own cause as soon as you get a project / back on track. Thank You.

Hi
Am in the same situation, 221(g) yellow form Mumbai since mid-November. Still in India awaiting further indication from the consulate. Have had lawyers call DOS, have called the consulate a few times but the response is standard - awaiting feedback from Washington, no way to expedite.
Sucks...sorry you have to go through this too. Feel free to pm me if you like

I forgot to mention that I also have a valid h1b visa. I don't intend to use my EAD. So in that case if I go back to f1, what will happen to my PD and 485 application?
or is it better to fall back on EAD and continue with education? Please advice!
Optimist578 - can you please let us know what you find out from your attorney?
thanks a lotsxk


I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.

------------------------
EB3 March 2003
AOS RD: June 22 '07
EAD, AP Received

I had a interview in Feb 2009 , keep all the documents ready. Your wife and youself can go at the same time.

1) Marriage certificate( If ur married :-))
2) All your transcripts for your schools
3) Passports
4) H1-B, EAD, AP copies, I-485 receipt # copies.
5) Any other communications you had with USCIS copies of it.
6) W-2 for last 3 yrs( if you have them), pay slips.
7) Employment letter from your employer
8) AC-21 etc.
9) Copies of your utilities bill, mortgage/lease papers.
10) Birth certificate of all applicants.
11) Family photos etc ( optional).

Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.

Thnks

I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007

still waiting for fingerprint notice.

You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....


Anyway, I have applied along with my wife on Jul 19, No receipts yet......

that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....

USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.

It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.

ya , in ur words agents

^^^^^^
Hello Folks,

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Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.

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Thank you in advance! :)

No, I received interview cancellation letter for the interview that scheduled in 2009. Reason not mentioned in that letter. We moved to CA, this year and San Jose field office scheduled interview

I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.

Thanks Tampacoolie...I don't know how I have to persuade my lawyer/representative...guess have to deal with him carefully and politely...they think that we are the lawyers and we know everything..ofcourse may be ...sometimes esp at this point, we have to notify...if we miss this opportunity, no way to appeal also..and u never know when PDs will be current again....

Anyhow thanks guyz for ur suggestions...

Dear friends

I'm very excited to say that I got my green card approved. Thank you for all of your support.

My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.

Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!


thanks
babu

i filed thru TSC also, on Aug/14/15. Is this an isolated case or is this happening to others too?

Anyone else?

wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!

gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?

It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.

is you need to be expert in Companie's processes, practices, products and inhouse software......

I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007

still waiting for fingerprint notice.

Hi,
Same case like you but got FP notices for me and wife together just yesterday evening. Just wait and you should be getting yours in a day or two.

Best Regards,

If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

Thank you for your immediate reply. I have 2 more questions as below :

My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.

1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

3. My families also need to re-enter to USA at the same time ?

Hopefully, I am able to explain my occurred situation correctly.

I need your valuable suggestion pls.

1) The company has to send a letter to USCIS to withdraw the I-129.
2) It can withdraw at any time before or after approval. In fact it wont matter to you if you never work for the company.
3) If USCIS rejects it, as in not selected in lottery, you will get back USCIS fee. If you withdraw it there is no refund. In any case, you dont get back lawyer's fee.
4) Withdraw can be done anytime.
5) No form. The company has to send a letter in letterhead stating the receipt number, asking to revoke the application.
6) I dont think USCIS sends any confirmation if H1 is revoked by employer. In any case of H1, you dont have to worry so much. It's all responsibility of the company. It's perfectly valid to have more than 1 H1 at any time.

Moderators Ban this jackA** for wasting everybodys time....If it is a typo he better correct it...if not BAN him for causing unnecessary confusion and being such a reckless member

I second that