kondur_007
02-23 07:11 PM
Well, in the middle of negative comments, I have something positive to add here.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
wallpaper Cute Funny Babies Sleeping
leo2606
01-09 11:44 PM
Probably you are right for EB3 ROW but I don't think that is true for EB2 ROW.
I would have said 2020 but as you are not part of India or china may be 2015.
I would have said 2020 but as you are not part of India or china may be 2015.
pvganesh
10-28 01:17 AM
Thanks again for your advice..
I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.
I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?
I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?
Thanks in advance.
PVGanesh
I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.
I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?
I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?
Thanks in advance.
PVGanesh
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zoooom
12-02 07:50 PM
Great news pal. Thanks for sharing!!
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saratswain
11-06 12:27 PM
I did not have it either and I had tow A# number for me. This is what my lawyer did
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
for_gc
02-11 08:46 AM
My previous company hires them and I used to deal with Chugh firm a lot. They are very good and professional. I did not see any issues.
Best of luck with your EB2.
Best of luck with your EB2.
more...
485Mbe4001
06-11 12:05 PM
Why dont you PM them or call the number listed on the site, why do you want a thread for it. The IV agenda is listed on this site, i am sure they will support any bill that helps the cause.
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
2010 A sleeping baby - it#39;s a
eb3_nepa
08-15 10:28 PM
hi,
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
Hi,
Did you issue just one check for all 485/EAD/AP or did you issue seperate checks. Further did you issue just one check for your family application as that may be why there are so many numbers at the back of the check.
You should call USCIS to get all the receipt numbers.
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
Hi,
Did you issue just one check for all 485/EAD/AP or did you issue seperate checks. Further did you issue just one check for your family application as that may be why there are so many numbers at the back of the check.
You should call USCIS to get all the receipt numbers.
more...
singhsa3
02-28 02:59 PM
Obviously, you don't know how the system work, well , Welcome to dealing with USCIS!
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
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Chris Rock
08-12 12:42 PM
bump
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greyhair
09-30 05:12 PM
I cracked up reading the post. I never really understood why they call us losers and locusts.
Google translation maybe funny but i think the meaning of the post on Chinese forum is serious. When we giving money to IV which is working for everyone in the backlog, Chinese are only thinking for themselves. Scratch the, Chinese are not thinking for even themselves, they are cutting the same branch of the tree on which they are sitting. They are undermining the effort to address the green card backlog. They are trying to use fuzzy match to argue against removal of per country limits in the the process shooting themselves on the foot. If I understand their logic correctly, these Chinese are saying that we are ok if they have to wait in the backlog for years and years, as long as Indian don't get any benefit. That's just plain dumb for them to think like this.
The other day someone posted that Chinese are calling Charles Oppenheim at DOS, asking him to not advance the dates of Indians, and rather only advance the dates of Chinese, which apparently backfired.
I have many good friends from China and they are all very nice. But as a group why do we always see Chinese digging hole everywhere?
Google translation maybe funny but i think the meaning of the post on Chinese forum is serious. When we giving money to IV which is working for everyone in the backlog, Chinese are only thinking for themselves. Scratch the, Chinese are not thinking for even themselves, they are cutting the same branch of the tree on which they are sitting. They are undermining the effort to address the green card backlog. They are trying to use fuzzy match to argue against removal of per country limits in the the process shooting themselves on the foot. If I understand their logic correctly, these Chinese are saying that we are ok if they have to wait in the backlog for years and years, as long as Indian don't get any benefit. That's just plain dumb for them to think like this.
The other day someone posted that Chinese are calling Charles Oppenheim at DOS, asking him to not advance the dates of Indians, and rather only advance the dates of Chinese, which apparently backfired.
I have many good friends from China and they are all very nice. But as a group why do we always see Chinese digging hole everywhere?
hot Sleeping babies
bluekayal
09-14 01:17 PM
jlt007us, all the best.
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house Cute Baby Sleeping
njdude26
07-03 06:56 PM
What are the advantages and disadvantages of a TN-Visa ?
Other than having to get 1 year visa by visiting the border every 1 year what is the difference b/n this and a GC ?
Other than having to get 1 year visa by visiting the border every 1 year what is the difference b/n this and a GC ?
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pbojja
10-20 02:10 PM
4th grader at USCIS decides the future of highly educated people! What a "JOKE".
4 th grader is born in the country where as all the highly educated people are not ..
4 th grader is born in the country where as all the highly educated people are not ..
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tnite
10-05 09:28 AM
My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
I dont think you will get a rejection. RFE is the most likely answer
Am I 100% sure, No
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
I dont think you will get a rejection. RFE is the most likely answer
Am I 100% sure, No
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sunny1000
03-10 03:19 PM
My wife when she went to india did the same. Means Submitted all the i-94 including the one which was with the 797.
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
:D
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
:D
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gc140
10-22 07:34 PM
Hello,
Please advice on this.
Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's
My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.
Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.
Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.
Does anyone have the same issue?
I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.
Does anyone have any info about CCI?
Please advice.
Thanks.
Please advice on this.
Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's
My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.
Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.
Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.
Does anyone have the same issue?
I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.
Does anyone have any info about CCI?
Please advice.
Thanks.
girlfriend Super Funny Baby Sleeping
Leo07
06-29 03:36 PM
I used Compare and Buy Travel Insurance - QuoteWright.com (http://www.quoteright.com) recently for Schengen visa purpose. I have not availed the insurance so I'll not be able to tell you how good it is...it served the visa puspose.
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Almond
07-16 02:22 PM
NSC is famous for being the slowest of them, sorry to break your heart.
coopheal
03-13 10:12 AM
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
sparky_jones
03-23 03:12 PM
bump
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