satishku_2000
08-04 11:52 PM
Unless you want to get ready for boilerplate RFEs on the 140 dont go for premium processing. They just issue RFEs to make sure that case is "processed".
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makino_a55
01-08 01:00 PM
Good luck for us ; And to all the hard working guys ; i would like to help out in the best way ; i am mostly a follower not a leader ; please let me know if i can be of any help ; I live in Oregon, Portland ; i shall request my other friends to contribute for the cause.
Thanks
Anil.
Thanks
Anil.
bah9422
08-12 04:31 PM
tom and everyone,
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
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lazycis
01-15 10:48 AM
Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
more...
number30
02-23 08:50 PM
Employement history is on G-325. It is only for last 5 years. If it was before 5 years there is good chance that you need not answer that question. I-485 does not require your Tax returns. You can do that with your W2 forms.
What was length of the work?
What was length of the work?
ars01
01-19 08:52 AM
Filed I-140 in October 2006 in EB3 category.
more...
Immigstories
01-17 07:17 PM
Thank you both for sharing your thoughts...
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
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logiclife
06-21 06:25 PM
I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
more...
martinvisalaw
08-07 04:08 PM
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.
I'm assuming that you are from India and therefore don't need any visa to work in India.
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.
I'm assuming that you are from India and therefore don't need any visa to work in India.
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shantak
11-20 01:44 PM
Wenn Sie ein Kaukasier sind, stehen Sie nicht heraus. Sie m�ssen eine Person der Farbe, aus einem Ausland sein, zu verstehen warum Leute Sprechen sind, was sie sind. Dieses gesagt, ist es aber nat�rlich, dass dieses Forum schwer in Richtung zu den Indern beeinflu�t wird, weil es von Indians gegr�ndet wurde. Mitglieder aus anderen L�ndern sind in diesem Forum aktiv und werden mit den ge�ffneten Armen begr��t. Tats�chlich regt IV Leute aller L�nder an vereinigt zu verbinden und zu stehen.
Gru�
Interesting, I found a website that would translate any language to English and here is the output
"If you are a Caucasian, do not stick out. They must be to be understood a person of the color, from a foreign country, why people are a speech what they are. This said, however, it is natural that this forum is hard influenced in the direction of to the Indians because it was founded by Indians. Members from other lands are active in this forum and are greeted with the open arms. Really moves IV people of all lands in united to connect and to stand."
Gru�
Interesting, I found a website that would translate any language to English and here is the output
"If you are a Caucasian, do not stick out. They must be to be understood a person of the color, from a foreign country, why people are a speech what they are. This said, however, it is natural that this forum is hard influenced in the direction of to the Indians because it was founded by Indians. Members from other lands are active in this forum and are greeted with the open arms. Really moves IV people of all lands in united to connect and to stand."
more...
krishmunn
07-16 04:05 PM
People who do Consular Processing do complete their medical in designated hospitals in India. I know Jaslok and Lilavati in Mumbai are such approved hospitals and medicals from thsoe are accepted by US Consulate in India for Immigrant Visa (Consular Processing). However, will the same be accepted by CIS for AOS is the question. check with your attorney and do mention this information (that CP candidates can do medical overseas in designated hospitals).
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rnanchal
12-09 01:27 PM
Time for the infighting, squabling, derogatory remarks and narrow mindedness to reach new heights
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roseball
03-08 09:21 AM
looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.
Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.
Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.
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overhere
07-18 11:08 AM
I discussed this to a lawyer. He said that even if I file in August, it will still be accepted since I am qualified to apply in July. This is a bit confusing.
I was thinking of looking for new employer which already has all the paperworks done (10 + 30 days). These are valid until 180 days. I hope to find one so that I can file this July.
hope you'll find one. good luck.
I was thinking of looking for new employer which already has all the paperworks done (10 + 30 days). These are valid until 180 days. I hope to find one so that I can file this July.
hope you'll find one. good luck.
more...
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pappu
08-23 06:35 PM
I tried to educate some of the university students( MS) about our issue. They dont
even care! Its seems like, they think, somebody else will take care of this
Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.
thanks again for at least trying.
even care! Its seems like, they think, somebody else will take care of this
Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.
thanks again for at least trying.
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sbabunle
08-19 01:13 AM
If you reappeal I think until the decision comes you are okay. But I'm
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
more...
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hopelessGC
11-12 04:24 PM
Updates are coming in fast.
It turns out my wife is not yet elegible to get an ID card. She can get her license when I get my real copy of birth certificate and that will happen in about a week when it should come in by mail.
The problem is that she can get some sort of temporary paperwork but the official drivers license will take up to another 6 weeks to get.
Is there still no problem with traveling? I would guess not but again, as the story changes, helpful insight is very much welcome. Thanks!
A valid passport will do just fine.
It turns out my wife is not yet elegible to get an ID card. She can get her license when I get my real copy of birth certificate and that will happen in about a week when it should come in by mail.
The problem is that she can get some sort of temporary paperwork but the official drivers license will take up to another 6 weeks to get.
Is there still no problem with traveling? I would guess not but again, as the story changes, helpful insight is very much welcome. Thanks!
A valid passport will do just fine.
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ksircar
01-18 07:36 PM
My 140 receipt date is July 11, still no word from NSC, neither RFE nor approval.
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delhirocks
03-30 04:00 PM
Double check with Halifax, as far as I remember Halifax does not entertain 3rd country nationals. I went through this when I was in Boston. Based on my research at that time (2003), I conculded the only options I have available are Montreal & Toronto (I went to Montreal).
Things might have changed since then.
Things might have changed since then.
Tantra
07-15 01:13 AM
Please sign up and become a member.
vivache
11-08 01:27 AM
Hey Gurus. Any answers :)
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