Saturday, June 11, 2011

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  • raju6855
    02-07 12:59 PM
    Try calling the DOS and explaining then what's going on and see who you can call to check the status next.

    The lawyers email is text book response and may not help you much.

    If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!





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  • desi3933
    06-25 09:46 AM
    As long as she is not drawing a Salary, she is fine. She can continue to manage the business.


    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.





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  • chanduv23
    10-09 11:57 AM
    I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.

    U are a very dedicated IV member. Do stay active as much as possible.

    Someone, please help fromnaija build this chapter.





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  • snathan
    04-15 03:35 PM
    I am in.
    What do I need to do apart from contributions and convincing other friends to vote on the above thread?

    We need to cross 5000 mark first....



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  • barath_india
    07-17 03:50 PM
    Actually it is the G28 form that you sign to give authorization for your lawyer to represent you. It is valid just the one time when they file the forms and not considered as for your life of your form/application.

    This means, that in future all the corresponsence related to the form in case of I-485 will be forwarded to you aswell as your lawer/company immigration dept by USCIS. For example, if USCIS sends a FP notice, that both of you guys (You and Company lawer) will receive the copy.

    Bharath





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  • dilbert_cal
    03-14 01:10 AM
    I hope someone out there in a similar situation can help me out.
    I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
    I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
    Any comments or tips are welcome.

    You are supposed to report ALL income regardless of its legal validity or not. Having said that, legally you are not allowed to have any other income other than from your H1B sponsoring company. I dont know though how this compares to the other deals wherein you open a Bank A/c and get 200 bucks and others like that.

    Another point you may want to find out more is if your real estate agent is showing the amount paid to you as an expense or not.

    And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)



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  • gcnotfiledyet
    03-27 01:53 AM
    I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.

    Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.

    I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".

    Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?





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  • sanprabhu
    01-30 09:24 AM
    Don't go by Online status message in USCIS website. It is a bull and often flat out incorrect.



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  • snathan
    02-23 08:13 PM
    Hi,
    Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.

    With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.

    My question:
    1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
    2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
    3. The designation & job duties can be the same as that of EB3 or need to be changed.

    Thanks in advance!

    1. You cannot use the experience gained from the current employer...
    2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
    3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.

    So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.





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  • sunny1000
    03-23 01:55 PM
    smuggymba,

    Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.

    Ask your lawyer if you can get the I-94 corrected Nunc Pro Tunc.

    MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)

    Good luck to you.



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  • Lollerskater
    08-05 12:23 PM
    OP are you compiling statistics? For EB2 or EB3?

    I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.

    Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?





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  • snathan
    03-31 08:45 PM
    From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

    If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).

    I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.

    When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.



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  • Ann Ruben
    06-25 10:51 AM
    Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.

    Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.





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  • njboy
    05-08 10:33 AM
    Pa** may be denigratory in England, but to me, its like saying "desi". Is "desi" denigratory too? I was just guiding our friend to forums that might be able to help him better. Im sorry if any offence was taken.
    Kind regards



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  • radosav
    10-04 01:47 PM
    I-485 RD July 27 at Texas

    I-140 AD May 25, 06 at Texas, LUD on I-140 July 28, 07

    all checks (for I-485 & I-765) cashed Oct 3, 07 at California

    Both I-485 cases transfered back to Texas on Oct 2, 07
    I-765 shows received date as Oct 1, 07 and will stay at California. Does that mean I need to count 11 weeks from that date? And not from the date when packet was received in July?





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  • Macaca
    02-23 01:25 PM
    This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.

    The status of I-140 application may be important. Out of state tution may depend on the state.



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  • legal_la
    07-12 12:11 PM
    I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.





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  • venky08
    07-27 02:52 PM
    Related to the questions on this thread.

    What happens when:
    AOS has been filed and it is more than 180 days AND
    dependent has started working on EAD AND
    primary applicant loses job

    Case 1: primary applicant is also on EAD
    Case 2: primary applicant continues on H1 without using EAD

    Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?

    thanks!
    the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c





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  • kishdam
    02-07 02:22 PM
    Such agreement is not against the law. GC is for your benefit, not employer's.
    So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?

    Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.

    For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.





    dollar500
    08-02 11:39 PM
    ....bump.....





    eb3stuck
    09-22 07:20 PM
    Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?

    We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.


    I think this is still in USICS control to allow I485 to file even if priority date is not current.



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