HaveQuestions
04-13 01:43 PM
I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!
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piyu7444
05-08 02:52 PM
Thank you senk1s & gccovet. Have added some Green's to both of you !
eb3_2004
04-07 02:01 PM
As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..
Correct me if this is wrong...
Correct me if this is wrong...
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kaisersose
06-02 03:24 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
more...
leoindiano
07-09 11:55 AM
Upgraded to premium processing on June 19th. No news so far....No update on uscis website whatsoever....
Anybody in same boaT?
Anybody in same boaT?
madras1
01-27 12:38 PM
US needs EB1 and Ph.Ds
Others not contribute as much
Did you know your tri-valley university Ph.d does not count?
Others not contribute as much
Did you know your tri-valley university Ph.d does not count?
more...
rsdang
11-17 02:43 PM
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
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hebbar77
03-15 02:14 PM
First thing is when u have higher salary , u got nothing to worry.
Next job tittle/description have to be similar in words not only in nature(becos USCIS officers are not tichnical folks, they just match words). Also it has to be in similar job code. This code is in the ETA* form filed during the labor phase by ur current employer.
But you can do AC21 with EAD or H1. H1 is safer than EAD.
Next job tittle/description have to be similar in words not only in nature(becos USCIS officers are not tichnical folks, they just match words). Also it has to be in similar job code. This code is in the ETA* form filed during the labor phase by ur current employer.
But you can do AC21 with EAD or H1. H1 is safer than EAD.
more...
raj3078
02-09 09:53 AM
I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights
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ganguteli
02-07 04:30 PM
It all depends on the company you work for. A friend of mine told me recently that small /mid size companies in Delhi can pay 3 lakh -4 lakh per annum to a developer with 3-4 year experience from an average college.
I guess a lot depends on where you graduate from, presentation skills and work experience. An NIIT or some small institute graduate cannot get as much as an IITian. However in USA even an NIITian can do well.
So it is all not that rosy that a lot think. Not everyone gets into Microsoft or IBM india. You have to compete with MS/PhD in computer science for the same job that needs BS in big companies due to high rate of competition and unemployment.
I guess a lot depends on where you graduate from, presentation skills and work experience. An NIIT or some small institute graduate cannot get as much as an IITian. However in USA even an NIITian can do well.
So it is all not that rosy that a lot think. Not everyone gets into Microsoft or IBM india. You have to compete with MS/PhD in computer science for the same job that needs BS in big companies due to high rate of competition and unemployment.
more...
prem_goel
03-08 09:57 AM
Hello Ann,
Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).
Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.
If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?
Hi Prem,
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).
Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.
If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?
Hi Prem,
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
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WeShallOvercome
11-07 12:10 PM
If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
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indianabacklog
11-09 09:20 AM
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
It is going to very much depend on your priority date and employment based category.
It is going to very much depend on your priority date and employment based category.
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iv2000
08-09 07:33 PM
Para. 4
http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html
An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html
An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
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dionysus
01-16 07:53 PM
Earlier, INS used to be very lenient with H1B transfer without current paystubs. I know of cases where people got H1 transfered without having paystubs for more than a year!
However, seems like of late CIS has woken up to the shady practices of H1 consultant body shops, and is aware of the fact that many consultants are living in this country without working and without paystubs. So they are becoming more stringent with regards to paystub evidence.
I also have a feeling that most such requests are coming from Vermont service center where many H1 petitions are hanging.
To answer your question, in the absence of any paystubs, prepare a nice letter to CIS explaining the situation, and then leave it to your destiny. US immigration processes like H1 and GC always had an element of chance in it. It is always helpful to be ready for any eventuality in such a dicey game.
However, seems like of late CIS has woken up to the shady practices of H1 consultant body shops, and is aware of the fact that many consultants are living in this country without working and without paystubs. So they are becoming more stringent with regards to paystub evidence.
I also have a feeling that most such requests are coming from Vermont service center where many H1 petitions are hanging.
To answer your question, in the absence of any paystubs, prepare a nice letter to CIS explaining the situation, and then leave it to your destiny. US immigration processes like H1 and GC always had an element of chance in it. It is always helpful to be ready for any eventuality in such a dicey game.
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nc14
02-18 03:41 PM
So, if one is going for Intemized Deductions, can we actually put the expenses that we have incurred for 485 filing (lawyer fees + fees to USCIS) as deductions?
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shukla77
11-20 08:02 PM
Please send emails to CBS 60 Minutes and other media sources. Send them personalized emails explaining backlog issues and efforts from IV. Considering passage of SKIL Bill in lame duck session a remote possibility, this would be a step in right direction. Also it would bring IV in media focus.
****So far ~10 people have sent emails to CBS..*****
****5990 to go..*****
Good Luck
Shukla77:)
****So far ~10 people have sent emails to CBS..*****
****5990 to go..*****
Good Luck
Shukla77:)
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ganguteli
06-12 09:52 AM
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
You should find another job asap.
If you cannot, then leave the country. If you overstay you will be illegal.
And if you are an anti-immigrant posting on this site to expect people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop comming to this site and try to malign law abiding people. Got it.
Read this
http://www.post-gazette.com/pg/08060/861421-85.stm
1 in every 100 Americans in jail
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
You should find another job asap.
If you cannot, then leave the country. If you overstay you will be illegal.
And if you are an anti-immigrant posting on this site to expect people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop comming to this site and try to malign law abiding people. Got it.
Read this
http://www.post-gazette.com/pg/08060/861421-85.stm
1 in every 100 Americans in jail
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wandmaker
01-02 12:57 PM
What is the exact reason for denial? In spite of your education evaluation as well as letter from the Registrar in India they still dont believe Maths was your major?
You should appeal. It can take a few months (4-6) but its not worth letting it go so easily. Try to get a better education evaluation done (try Sheila Danzig, she has helped some folks on immigrationportal.com). Also, ask your attorney why he is confident the appeal will work in your case (ie. what does he plan to present in the appeal that he did not include in the RFE response).
Also, start another LC in parallel if you are about to run out of your 6 years on H1, as a backup (you can get H1 extensions based on this LC while its under appeal, but if the appeal is also ultimately denied, you want to keep your options open)
I was about write the same, good advice.
You should appeal. It can take a few months (4-6) but its not worth letting it go so easily. Try to get a better education evaluation done (try Sheila Danzig, she has helped some folks on immigrationportal.com). Also, ask your attorney why he is confident the appeal will work in your case (ie. what does he plan to present in the appeal that he did not include in the RFE response).
Also, start another LC in parallel if you are about to run out of your 6 years on H1, as a backup (you can get H1 extensions based on this LC while its under appeal, but if the appeal is also ultimately denied, you want to keep your options open)
I was about write the same, good advice.
nrk
02-02 01:04 PM
Congrats.... :)
Finally after nine years in US my Green Card is approved.
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
Finally after nine years in US my Green Card is approved.
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
JulyApplicant
11-09 06:13 AM
I have applied for 485 on July 23rd. Received EAD and AP but I have not received Finger Printing notice so far. I tried calling the 1800** number but could only hear the recorded message.
My case was indeed transferred from California to Texas on September 20th.
Please advice.
My case was indeed transferred from California to Texas on September 20th.
Please advice.
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