richi121175
01-08 05:59 PM
One of my colleague did withdraw his PF in an exactly same situation (not in TCS though), and you can definitely file 10C and 19 directly with the PF office without involving your employer. PF administration is now much more efficient and strictly works on behalf of employees, not employers. Even if any PF amount is not deposited by the company, PF has started taking immidiate actions against them.
thanks for the response.
Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case
thanks for the response.
Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case
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ilikekilo
09-17 04:04 PM
u pushed it a bit too mcuh,,,but its ok,....not biggy.who knows some people might have been encouraged
skpanda
05-17 07:03 PM
This is a tricky situation. I would suggest you consult your attorney.
Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.
In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.
Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!
Please update here about any new developments in your case!!
All the very best!
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.
In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.
Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!
Please update here about any new developments in your case!!
All the very best!
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
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ras
07-05 03:52 PM
Guys,
I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .
When ?
First Saturday of the first week of November ? This way we do not disturb people's summer time vacations.
How does this help ?
First, it will help to meet State members face to face.
We can invite distinguished people to our meeting to give a speech, so we get press coverage.
We can decide our next steps.
Basically we can do a lot.
We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.
Every one please share your thoughts as what we can do in this annual meet.
I strongly agree with this proposal. Even if it doesn't yield too much, it definitely keeps the tempo and momentum in the community. I kind of propose two days:
1st day for meeting at the state level chapters in respective states
2nd day national meet. In the national meet, few representatives from the states take the messages from the previous state meet and discuss them at the national level. or some workable model, where we get the message from state meeting to the national meeting.
I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .
When ?
First Saturday of the first week of November ? This way we do not disturb people's summer time vacations.
How does this help ?
First, it will help to meet State members face to face.
We can invite distinguished people to our meeting to give a speech, so we get press coverage.
We can decide our next steps.
Basically we can do a lot.
We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.
Every one please share your thoughts as what we can do in this annual meet.
I strongly agree with this proposal. Even if it doesn't yield too much, it definitely keeps the tempo and momentum in the community. I kind of propose two days:
1st day for meeting at the state level chapters in respective states
2nd day national meet. In the national meet, few representatives from the states take the messages from the previous state meet and discuss them at the national level. or some workable model, where we get the message from state meeting to the national meeting.
more...
gc_chahiye
08-29 05:10 AM
Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
sathweb
02-13 09:10 AM
Our priority date is not yet current but that seem like a good idea. How do I go about finding who to contact.
The tool you are looking for is Google. Just search for your local Senator and give him a call, they will tell you what they need. As you said, Senator is very effective if your date is current.
The tool you are looking for is Google. Just search for your local Senator and give him a call, they will tell you what they need. As you said, Senator is very effective if your date is current.
more...
alterego
01-03 12:28 AM
Pending AOS or 485 is a type of legal status. It also allows you to apply for additional work and travel privileges as long as the underlying 485 remains pending. If you choose not to avail yourself of those benefits that that is up to you. You would end up in trouble only if you violate that by then working or travelling (absent the USCIS permission through EAD or AP). As long as you just sit there and especially if you are a derivative beneficiary, there is no problem.
That said, many people choose to get EAD/AP in hand in case an employment opportunity or an emergency need for travel comes up. Remember an EAD/AP application may take up to 3mths to get approved.
That said, many people choose to get EAD/AP in hand in case an employment opportunity or an emergency need for travel comes up. Remember an EAD/AP application may take up to 3mths to get approved.
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vban2007
06-07 02:09 PM
is there nobody with info/experience on this????
I am in the same situation...
I am in the same situation...
more...
GCWhru
03-24 12:22 PM
I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?
Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.
If you have traveled you have different i94 from the recent travel and different one in extension.
Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.
If you have traveled you have different i94 from the recent travel and different one in extension.
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mariner5555
05-17 09:32 PM
Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.
IV'ans - Please refrain from any suggestions towards this
though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.
IV'ans - Please refrain from any suggestions towards this
though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.
more...
wandmaker
10-23 08:50 AM
If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?
Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
Make sure COS application reaches them before Jan 15th.
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
Dont work beyond the date requested in your H1B extension.
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
Minimum of 1K attorney fees....
Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
Make sure COS application reaches them before Jan 15th.
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
Dont work beyond the date requested in your H1B extension.
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
Minimum of 1K attorney fees....
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satyachowdary
06-02 08:24 AM
Hi Edison99,
I requested for interfiling by sending an email to ebupdate.tsc@dhs.gov.
Regards,
Satya
I requested for interfiling by sending an email to ebupdate.tsc@dhs.gov.
Regards,
Satya
more...
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bbct
02-17 04:57 PM
Mine was suppose to expire on 01/24/2009 and still haven't received a new fingerprint notice. This I learned through the senate's office. In fact, the 2nd EAD renewal got approved in 25 days without any fingerprints. So, I don't know what is happening. I took an Infopass appointment to inquire about this, but the officer just responded saying they would get back if needed.
Hi.
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
Hi.
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
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syedajmal
09-22 03:00 PM
could you please share when you applied for AP so that we can know how long it took for approval after RFE...
Applied for EAD/AP online on 06/04/2008.
Got 2 years EAD approved on 08/05/2008.
Got an RFE for AP (missing photos) on 08/07/08.
replied for RFE on 08/13/08.
AP approved on 09/13 and got it on 09/20
Hope this timeline helps
Applied for EAD/AP online on 06/04/2008.
Got 2 years EAD approved on 08/05/2008.
Got an RFE for AP (missing photos) on 08/07/08.
replied for RFE on 08/13/08.
AP approved on 09/13 and got it on 09/20
Hope this timeline helps
more...
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martinvisalaw
04-06 12:48 PM
The perm is for EB-2 which requires a Masters Degree (Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
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map_boiler
08-11 03:28 PM
Congrats bluez25!
Guys,
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
Guys,
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
more...
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mhtanim
03-18 12:13 AM
Hi lavanyamohan and mhtahim,
Many of my friends utilized Mr.Gowda for H1B and GC. All my friends & hundreds in the same firm got GC'S without any querries.
Frankly speaking I do not have any personal relations with the company.
I used his services and felt exactly what mhtahim mentioned about Gowda. He is reasonable and professional.
All the best
Appreciate your feedback. Thank you.
Many of my friends utilized Mr.Gowda for H1B and GC. All my friends & hundreds in the same firm got GC'S without any querries.
Frankly speaking I do not have any personal relations with the company.
I used his services and felt exactly what mhtahim mentioned about Gowda. He is reasonable and professional.
All the best
Appreciate your feedback. Thank you.
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andy garcia
07-18 04:21 PM
Anyone got a working link for this? I had at one point, but now I can't seem to find.
CIS AFM (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2)
CIS AFM (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2)
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senthil1
06-30 10:46 AM
Why do you want labor substituion at this time when they are discontinuing for fraud? Are you working same company or joining the company for just labor substitution?
If you are waiting for long time for Gc then you can take risk. But if you are in US just for 1 or 2 years you have lot of time to get GC. If you are getting the labor in same company you are working now probably ok. But if you have too many uncertanities then it is better not to use it.
Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?
If you are waiting for long time for Gc then you can take risk. But if you are in US just for 1 or 2 years you have lot of time to get GC. If you are getting the labor in same company you are working now probably ok. But if you have too many uncertanities then it is better not to use it.
Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?
saloni
04-17 07:44 PM
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
dealsnet
01-13 02:12 PM
You can amend the same petition. Tell your company to contact a lawyer to do that. They need to pay $200 fee and lawyer fee. May be needed new LCA for latest salary requirement. With the amended approval, you can stamp for the visa.
You can say studies (advanced) or sick (family or you ) as the reasons for not take up the position.
Thanks for the advice on that.
Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?
Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
Thanks
Alex
You can say studies (advanced) or sick (family or you ) as the reasons for not take up the position.
Thanks for the advice on that.
Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?
Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
Thanks
Alex
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