Member Profile

Nope you are absolutely fine. USCIS does not go by post marked date or the receipt date of the post. IT is the DATE on the Receipt Notice. What does it say? June 30? I bet it is not. Anyway, June 30 is Saturday, Non working day for USCIS and logically your application would have been stamped/opened on or after July 1st.

Stop worrying, check your RD on the 485 Receipt Notice.

Completely Agreed with May2003. Thats the correct approach. I am guessing it would take atleast a month to land a job. I believe you would get your EAD by then. Even if not, you can tell your employer, that you would be able to join only after EAD approval or guess some date (60 days from EAD applied date) during the final process of the interview or during the offer process. If the hiring manager is impressed, he/she would not mind waiting for few more weeks.

Good luck with your search.

If I were you, I would sit tight with the existing employer and/or negotiate may be higher rates. What you are going through the 5th year itch in employment where 90% will look or think about looking out.

Here is my Argument, by leaving your current employer, you are taking a huge risk being at 7th year. With the new employer, you will have to start the process all over again. ie Labor and 140 and then 485. With the current job market scenario and unemployment rate, approvals may go either way. There are so many if and buts here.

Additionally, these days it is difficult to find some one who would sponsor H1B and offer you non-consulting full time job. Most of the employers are going after GC/EAD/citizen holders. Believe me , there are too many EAD holders out there looking for jobs.

Also think about H1B transfer. I have heard about cases, where H1B transfer being denied.

Hey, I am not trying to scare you, just playing the devil's advocate. The final choice is yours.

Good luck!

This is very common. Most of the employers would say one and do the other. Some even have a policy to intimate USCIS that a H1B have left. They might not have asked for Cancellation, but a simple FYI to USCIS that you are no longer associated with them.

I am not an attorney, but I do think that you are not in a problem. Even if your prev employer is asking for cancellation, they would do so only from the date that you have resigned. H1B cancellation would apply from the day you resign. they cannot ask for cancellation from April 07, then they would be in trouble, because you were employed by them without proper work authorization. You get the point here.

But the whole scenario would take a nose dive, if USCIS is revoking based on H1B Fraud, or LCA Violations. Even then, i honestly think, you will not be OOS, as you started working only after proper Approval from USCIS in March. but then again, you are at the mercy of USCIS. You should be able to handle this scenario with a help of good immigration attorney.

Good luck!!

I found out this with my old employer and he did not ask USCIS to cancel my H-1B, looks like USCIS system has issues?
Neither my employer nor my employer's attorney requested USCIS to cancel my H-1B.

I am crossing my fingers why USCIS reopened this H-1B after all it has been approved 3 yrs back.

3 days is too short to get a response, unless you are looking for a consulting position or CTH. I believe this is a full time position. if so, it may take upto 10 days to get back. Until then, please don't panic. May be after this friday, you can check with the recruiter. Dont be too eager, they will use it to low ball the offer.

Please don't forget to send a thank you note for their hospitality and opportunity that you have been provided with.

Good luck!!

Convex, I deeply hurts to see that you are ready to let your daughter Father-less. These are real big words my Man. When your daughter grows up enough to understand your thoughts, she would have no respect for you. How do you think, Orphan life in US is better than in India. You have not heard about many many Foster case abuses in US.

I hear you were nobody in India, But you are somebody now. You can always be Somebody in India. You never go back to Nobody from Somebody. If India is not a choice, then you can always try in other countries, Singapore, Dubai, UK, France, Choice is endless. Afterall you become somebody from nobody. You could do the same where ever you are. Even India, it is a bad choice, you can go back, Stay there for an year, back on L1A and apply for GC in EB1.

Look at your wife, I cannot imagine what she is going through. Dont be too selfish on you my Man. If you were to think this , why did you ever choose to have a baby? you should have had her after you get your GC.

I truly hope, you will think twice, before you do anything Crazy. God bless your Wife and Child.

Where is your interview scheduled?

it is definetly not advisable, if your child is less than 3 yrs old. Trust me, She/he may get cranky and might distract you completely. Try to take a friend with you and leave the child with them during the interview process.

Hi everyone,

May be a silly question.

I got an interview letter and have one scheduled (both me and wife) next week. The letter gives the standard list of documents, nothing specific. It also says that "you do not need to bring children unless otherwise instructed". Since our interviews are early morning and my driving distance is almost 2.5 hrs, we plan to leave on the previous day and stay in a motel. So cannot drop children with anyone. Do you think taking them is OK?

Quick background- My petition is employment based (EB1A), no record of any kind of unlawful activities, not even a speeding ticket.

My second Q is- They are also listing I-864, which generally is for marriage based petitions. I did submit I-134 for my spouse with the AOS petition.

Thoughts regarding both appreciated,

M

Jammin, Please check your 485 receipt notice again. During Aug 2007 time, there were so much back log that the Receipt Date and Notice Date were months apart. (Usually they are either same or just 1-2 days apart).

As long as your Receipt Date is before Aug17 2007, you should be covered. I remember reading about a case, where the IO was looking at the Notice date instead of Receipt date and assumed that the application was filed when the date was not current. Actually they should be looking at the Receipt date and not the Notice date.

Good luck!!

You dont have to be on L1A to qualify for EB1C. even, H1 and L1B can apply for EB1C. As some one pointed out, you should have been in Mangerial position (both Outside and in US) with hire, fire power, Org chart etc. Having said that, having H1 or L1A might make it little easier. Anyway, you have already entered in L1B, converting to L1A is little suspicious to me.

You are welcome.

You are in Eb1A, always current. Maybe USCIS wants to interview before the approval. I see you are from India. If you or your wife lived in India with in the last 10 yrs, you can get your PCC from Indian Consulate that services your state. it takes about 3-4 weeks. So start the process immdly. you can apply by Mail. check out the consulate sites for more details.

If you have lived in different states with in US, then check the process in the state's Department of Records division. Some require just a requisition letter with notorized signature, some require physical finger prints. Getting Good conduct certificate in any US state is very easy and would take anywhere between 2-4 weeks.

if you have lived in two or more cities with in the state, then you will have to get the PCC/GCC from the state police (covers the entire state), else you will have to get the same from each and every city Police department.

Search for Department of Records, City/State police websites and dont hesitate to call the listed numbers. State/local Depart of records employees are very friendly and will guide you through the process.

Good luck!! keep us updated.

It is a standard process to ask you to come for the interview if the FP failed for the second time. So dont panic. collect Police clearance certificate for the last 10 yyrs you have lived - all countries. Do search on how to collect these documents outside US. There was even a USCIS memo to call for inperson interview, if the FP fails. I will post if I find it.

Who is the primary here? you or your wife? Is your application approved?

Even if the interview letter is not asking for Police Clearance or Good conduct Certificates, take it with you. Just inform IO that you have it during the interview process.

Other document they may look for is Marriage Certificate, Photos, Lease/Rental/Home owners/Bank/Insurance - Car, Medical documents with both your names. If you have kids, Birth certificate of all them. Basically they would look for documents to prove legitimate marriage.

If you are the primary, they any documents related to your work like I40 Approval notice, 485 Receipt notice, employer letter etc.

Be cool. Collect all documents. There is 99% probability to get approved on the same day.

You are all set. congrats on your GC

did you try taking an InfoPass? it might work sometimes. the InfoPass IO can directly send email to the AO in TSC. If you could talk politely, without showing any frustrations on your part, infopass IO has the power to do wonders. Usually they dont, but since your case is more than 6 months old, they might.

Alternatively, you can write a snail mail to USCIS TSC (same address as mentioned AP form), with a cover letter, copy of the AP receipt notice and request for approval. Donot ask for status, just request for approval.

Please note to put a big bright RED "Please donot discard in Mail Room" on the cover letter. Make sure you mention your A#, File #(same as Receipt number) , Date of receipt etc in the cover letter and pleasantly request them to approve your case and to contact you if they need any further information to approve the case

Good luck.

What is your address in 485? The case gets transfered to the local office that has jurisdiction over the address in 485.

If transfered to a local office with no jurisdiction over 485 address, the case will eventually be transfered to TSC or NSC. it may take 3-4 months.

For NJ-Newark, it is long wait, might take 8-10 months.

in 485, you should always give your current resident address and not the employers. In some cases, Employers would want to have their address in 485, so they have control over communications from USCIS. It is all okay, until the case gets transfered for interview and then the trouble begins

Please dont worry too much. You got your GC and that is it.

Are they giving you W2 for the years you have worked? If so, that is more than enough. As I said, earlier only recent pay stubs matter in case of transferring H1 , which is not applicable to you anyway. You dont need them to switch jobs.

You may need paystubs for Mortgage, which is also not that much of an issue. Your credit score, Bank statements, previous W2 and Current employment letter would suffice.

If I were you, I would ask for the employment letter, With designation, annual salary etc.

1) NO - H4/H1 is a dual intent visa. So it will not be.
2) Answer Yes, only if you have filed 485. Inyour case, it should be Yes.

BTW, from your description, it looks like only you have H1B extension (797) and no H4 for your wife. With out H4 extension, how would you able to get stamping for your wife?

it is enough if you have the W2 , Tax returns for the past years. As for as payslip is concerned, You would be asked only the most recent ones (2-4 Pay period).

Have the Receipt notice, approval Notice, GC scanned and send the soft copy to your personal Email id. It would be very helpful, incase you lost or misplaced it.

When you are trying to reschedule, I believe you can request for the desired date or After date. This is what I did, but it is just after 2 months and not like 1 year as in your case.

2 days before my planned date, I received the FP. The next Day i went to the ASC and requested to meet with the Service center head. Explained her the scenario and showed her the Flight tickets that I booked 3 months before. She was kind enough and asked her team member to reschedule the FP after my return.

On a side note, do your family members have AP or H4? AP is valid only for a year. How can they stay away for more than a year?

I guess the process differes by airport or IO? Used AP mid Jan 09, JFK, When I gave 2 copies of AP, I got the one back rightway, the other one was stamped and was given back to me after about 45 mins.

Member Profile: thyramax (210 posts)