senthil1
04-08 02:15 AM
I think all the issue will be resolved if number 5 is done. No need for H1 extension, and even there is a in efficiency in USCIS you can get gc within 3 years if they double or triple EB quota. So no need to meet President just meet Congressmen and try pressing them to increase EB quota.
Can we get an appointment with the President and explain the problems faced by EB immigrants....
1. Travel restrictions (no travel during H1 extension etc..)
2. Driver license issues
3. Wasted Visa numbers
4. Inefficiency of USCIS
5. Need to increase EB quota
I know that law makers should make these changes, but President has a strong voice and if he hears our pathetic position, he may do something, just a hope :rolleyes:
Can we get an appointment with the President and explain the problems faced by EB immigrants....
1. Travel restrictions (no travel during H1 extension etc..)
2. Driver license issues
3. Wasted Visa numbers
4. Inefficiency of USCIS
5. Need to increase EB quota
I know that law makers should make these changes, but President has a strong voice and if he hears our pathetic position, he may do something, just a hope :rolleyes:
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NELLAIKUMAR
02-24 09:04 PM
Hello,
Can someone with knowledge in matter please help. If I change the status to from H1 to H4 using form I-539 and submit my resignation to my employer, he is most likely going to request USCIS to cancel my H1. Is it possible even in these cases to apply again for a change of status back to H1 from H4 after a year if I get a job with another employer without having to go through the quota? Thanks for your help.
Thanks...
Can someone with knowledge in matter please help. If I change the status to from H1 to H4 using form I-539 and submit my resignation to my employer, he is most likely going to request USCIS to cancel my H1. Is it possible even in these cases to apply again for a change of status back to H1 from H4 after a year if I get a job with another employer without having to go through the quota? Thanks for your help.
Thanks...
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.
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jonty_11
07-26 02:17 PM
I think people who applied late June and early July just scraped thru before teh deluge of applications hits USCIS.....They are still getting recipt notices in 1 month......
For the rest..it may be several months.....
For the rest..it may be several months.....
more...
jingi1234
08-19 05:30 PM
Hi Friends,
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
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06-21 04:13 PM
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vxb2004
04-28 08:23 PM
have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.
I spoke with my attorney today and she is going to investigate further on this case to find out what happened. She also mentioned that she has been an immigration attorney for over 30 years and half the time she has been working on USCIS generated blunders!!
I spoke with my attorney today and she is going to investigate further on this case to find out what happened. She also mentioned that she has been an immigration attorney for over 30 years and half the time she has been working on USCIS generated blunders!!
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ram006
07-17 01:04 AM
I am not sure if my reply is correct.
But if the dates are current for you, can you just not reapply for 485 ?
I can re-apply, but my 485 is already approved on July 8th!
But if the dates are current for you, can you just not reapply for 485 ?
I can re-apply, but my 485 is already approved on July 8th!
more...
milind70
11-13 08:58 PM
Hi Guys,
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
I do not believe that this complaint will have any effect on your GC processing.Neither positive nor negative.
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
I do not believe that this complaint will have any effect on your GC processing.Neither positive nor negative.
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arunsush
07-24 04:14 PM
My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.
I need help from the GURUs here. Is the above possible?
My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.
Please help me out. I need to act soon on this.
Many thanks in Advance.......
Your attorney is correct. Make sure your approved labor is not more than 180 days old. Starting 16th July the validity of labor expires beyond 180 days.
My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.
I need help from the GURUs here. Is the above possible?
My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.
Please help me out. I need to act soon on this.
Many thanks in Advance.......
Your attorney is correct. Make sure your approved labor is not more than 180 days old. Starting 16th July the validity of labor expires beyond 180 days.
more...
banta4u
07-13 03:33 PM
Hee Hee - U think that a lawyer like Greg Siskind - doesn't make sense.....
I bet - he is on the money....
The only thing USCIS can do at it's own discretion is issue Public Notices / Memoranda....Nothing more
I am guessing they can only do is - take back their public notice of 485 rejecting in July....It was their call and they can take it back....Department of State never endorsed the idea....USCIS goofed up on the occassion and got DOS into it and did the 485 rejections....
I bet - he is on the money....
The only thing USCIS can do at it's own discretion is issue Public Notices / Memoranda....Nothing more
I am guessing they can only do is - take back their public notice of 485 rejecting in July....It was their call and they can take it back....Department of State never endorsed the idea....USCIS goofed up on the occassion and got DOS into it and did the 485 rejections....
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loudobbs
07-17 05:18 PM
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 13th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.
Does this mean all AOS applications received or only consular processing cases??
1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 13th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.
Does this mean all AOS applications received or only consular processing cases??
more...
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EndlessWait
07-31 05:02 PM
This is just a letter sized paper. No pictures. Some people accept it. Some don't. Even in Florida. It didn't use to have a signature. But I guess now it does. Last time I asked them and they said it is valid and should be accepted anywhere in FL. But, try renting a car with it.
Its worse if you have to travel out of state, and rent a car. I had to travel on work and it was horrible. Every time you use your credit card they ask for photo ID.
There is another thing called ID card, different then license.
Its worse if you have to travel out of state, and rent a car. I had to travel on work and it was horrible. Every time you use your credit card they ask for photo ID.
There is another thing called ID card, different then license.
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shortchanged
08-27 07:59 PM
[QUOTE=Lisap;155340
This afternoon I received receipts from the original filing with a receipt date of July 2nd. [/QUOTE]
If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
This afternoon I received receipts from the original filing with a receipt date of July 2nd. [/QUOTE]
If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
more...
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insbaby
08-18 10:23 PM
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.
Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.
What made USCIS think that your educational background is not Computer Science? any idea.
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.
Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.
What made USCIS think that your educational background is not Computer Science? any idea.
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wizpal
02-24 01:04 AM
It looks like we are a bunch of folks (from Texas) without any direction. Could any of IV core folks coordinate the meeting sometime next week. Make sure to invite(email) all of those who have responded to this thread.
more...
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BharatPremi
09-20 06:38 PM
Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately
One reason to have more Eb2 in 2006 is tiresome wait in EB3. Many people after PERM implementation (May 2005) decided to go for second file in EB2 and hence the more EB2 files in 2006.
One reason to have more Eb2 in 2006 is tiresome wait in EB3. Many people after PERM implementation (May 2005) decided to go for second file in EB2 and hence the more EB2 files in 2006.
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skp71
07-13 07:08 AM
sorry 485, this is gc season. so I thought that's understood.
what case are you talking about ... is it H1 or 485?
-RR
what case are you talking about ... is it H1 or 485?
-RR
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ravi_hyd
10-30 12:06 PM
.
phillyag
07-17 07:24 PM
I heard something to this effect. Is this correct ?
leo2606
10-15 09:48 PM
Yes but where did you do your Bachelors and in what?
Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).
No I did MS in computer Science from here only
Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).
No I did MS in computer Science from here only
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