GC_SUCK
09-26 11:12 AM
I have received my physical card on 09/24. This site was a great help and will continue spreading word about IV.
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
nixstor
02-09 07:10 PM
I know that its a blog but that the tone of blog clearly says that they are very close. If I am not mistaken, their previous 50K was also recaptured from unused EB numbers.
perm2gc
01-08 03:44 PM
They are in mid-30s and if they apply for residency they will finish at age 35yrs and then post-residency is another couple of years. Does mid 30s age in their favour?
Would like to get more insight on this issue.
Thanks.
Please post what insight you want to know on the issue.The 30's is common age here.so VO will not buy that...
Would like to get more insight on this issue.
Thanks.
Please post what insight you want to know on the issue.The 30's is common age here.so VO will not buy that...
sai
05-25 06:49 AM
sent
more...
jasmin45
07-16 09:21 PM
BTW....one can now apply directly to NSC or TSC as per the state they are applying from. This memo became effective June 21 and is mandatory starting July 30.
see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
So there is now a choice till July 30 for everybody's kind information!
Just wanted to add to this post.
Though the effective date for "Direct filing" is July 30th, USCIS also mention that they will not reject any applications received in NSC until August 29th 2007.. This provides some more time. something to keep in mind while sending application.
see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
So there is now a choice till July 30 for everybody's kind information!
Just wanted to add to this post.
Though the effective date for "Direct filing" is July 30th, USCIS also mention that they will not reject any applications received in NSC until August 29th 2007.. This provides some more time. something to keep in mind while sending application.
ImmiLosers
10-06 03:42 PM
HE likes RED though..
How can I check mine?:confused:
And what does 3 red dots on my messages mean?
Thanks
How can I check mine?:confused:
And what does 3 red dots on my messages mean?
Thanks
more...
sk.aggarwal
03-25 08:00 PM
Yes, you can go out of US and use that time to recapture as long as you go within 6 yrs of H1. This is my understanding from my conversation with lawyer working to file my perm. I am planning to travel to India for a month or two once I know the exact time I need. Please help to advice if my understanding is inacccurate.
link to another thread
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/2204-summary-of-extending-h-1b-visa-past-6-years.html
link to another thread
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/2204-summary-of-extending-h-1b-visa-past-6-years.html
krishnam70
05-04 10:12 PM
Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.
Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.
Any suggestions on how to respond to this RFE.
Thanks
It happened to me too, though my attorney advised to correct this before filing our 485. I was forced to take a vacation by my employer to go out of country and enter getting us a new I-94. Do u have any inspection documents etc that were given at the POE you might be able to provide that as proof.
- cheers
kris
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.
Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.
Any suggestions on how to respond to this RFE.
Thanks
It happened to me too, though my attorney advised to correct this before filing our 485. I was forced to take a vacation by my employer to go out of country and enter getting us a new I-94. Do u have any inspection documents etc that were given at the POE you might be able to provide that as proof.
- cheers
kris
more...
ps57002
09-30 08:37 AM
My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
hpandey
06-18 02:27 PM
It is currently taking a long time to adjudicate MTR's ( for some more than a year or so ) . I would say file a MTR and also file a new perm labor . I suggest going with EB3 rather than EB2 since rules for EB2 are now more stricter than before along with more scrutiny and RFE's. But its your own choice.
I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .
I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .
more...
Dhundhun
10-16 01:49 PM
One of my friends got B1 Visa(business visa, it’s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
#1. This way company wants to save liability. If H1-B Visa is stamped in India and he comes to US on H-1B, then in case of layoff, it is company's responsibility to pay return ticket to family.
#2. The company wants to try your friend.
#3. If your friend comes on B1 Visa, legally it is difficult to pay for ticket (cann't invite individual easily) and legally it is difficult to pay any salary or compensation.
#4. AFAIK, now-a-days B1 to H-1b change of status does not work for companies (I think this is still ok for universities and non-profitable organizations). If I am wrong, someone may correct this input.
#5. B1 is issued to individual for Business Trips (this type of visits are now not considered a B1 trip because of misuse in past and now campanies were forced to make employees apply for H-1B, even if they work in US for few months in a year - the B1 was heavily miused by body shoppers). The B1 does not get revoked, because you changed company, and so he can use the same B1, when other company wants to send him for business visits. B1 will be seemed to be cancelled once an assignment is taken on H-1B (Physical Cancillation can be done at the time of H-1B renewal)
Who paid for H-1B?
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
#1. This way company wants to save liability. If H1-B Visa is stamped in India and he comes to US on H-1B, then in case of layoff, it is company's responsibility to pay return ticket to family.
#2. The company wants to try your friend.
#3. If your friend comes on B1 Visa, legally it is difficult to pay for ticket (cann't invite individual easily) and legally it is difficult to pay any salary or compensation.
#4. AFAIK, now-a-days B1 to H-1b change of status does not work for companies (I think this is still ok for universities and non-profitable organizations). If I am wrong, someone may correct this input.
#5. B1 is issued to individual for Business Trips (this type of visits are now not considered a B1 trip because of misuse in past and now campanies were forced to make employees apply for H-1B, even if they work in US for few months in a year - the B1 was heavily miused by body shoppers). The B1 does not get revoked, because you changed company, and so he can use the same B1, when other company wants to send him for business visits. B1 will be seemed to be cancelled once an assignment is taken on H-1B (Physical Cancillation can be done at the time of H-1B renewal)
Who paid for H-1B?
dh010447
03-23 01:51 PM
If the PWD is for a PERM application, there is no way to avoid using the DOL system. (NOTE: for H-1 PWD the online DOL system is NOT required).
There is no provision for expediting PWD's through the DOL online system. However, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January.
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request.
That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?
There is no provision for expediting PWD's through the DOL online system. However, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January.
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request.
That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?
more...
koti
10-29 10:30 AM
Few facts that you need to get clear.
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
**************
Thanks for the info. Really helpful.
Koti
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
**************
Thanks for the info. Really helpful.
Koti
vin13
03-17 10:19 AM
All,
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?
I will let you guys know what was requested in the RFE as soon as I get it.
RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?
I will let you guys know what was requested in the RFE as soon as I get it.
RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.
more...
mdipi
11-01 03:31 PM
how do i anti-alis? well anyway, i took your adive and this is kinda what it came out to be, I LOVE IT! Right a tut on substuting gradiants or something for Kirupa. Lost and Eilose are making a PS section of the site so they might be able to add it, i already added mine =)!
thanks a bunch
-mike:cyclops:
thanks a bunch
-mike:cyclops:
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...
SmSm
05-25 12:35 PM
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
fcres
07-20 05:18 PM
This is news to me also. Once my current H1 expires I'm also planning to work on EAD and change to H4. One attorney adviced me to do that so that in case something happens to our I-485, I'll be on H4 and be still on status in this country to appeal for an MTR.
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
rbashir
09-01 09:10 AM
guys and gurus, Very desparate at this point, any help will be appriciated, I really need to answer these questions, please give me some guidance or some sample responses if any body of you have gone through same issues. PLEASE HELP
I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers
1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
My Question is how do I prove it
2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
Yes. I have explained the reason
3- The employment letter of company A is not dated and cannot be considered
What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter
4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this
5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date
6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
A copy of the corporations annual federal tax return including copies of all schedules or
An audited financial statement or
An annual report
7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.
8- Does the beneficiary have an ownership interest?
9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/
10 - The indication must be made by the petitioner and the beneficiary
11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.
Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.
Please help me here, I am really worried what to do and how to have all this information replied.
Thanks
I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers
1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
My Question is how do I prove it
2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
Yes. I have explained the reason
3- The employment letter of company A is not dated and cannot be considered
What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter
4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this
5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date
6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
A copy of the corporations annual federal tax return including copies of all schedules or
An audited financial statement or
An annual report
7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.
8- Does the beneficiary have an ownership interest?
9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/
10 - The indication must be made by the petitioner and the beneficiary
11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.
Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.
Please help me here, I am really worried what to do and how to have all this information replied.
Thanks
imh1b
07-29 02:21 PM
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
nvmurali
06-02 04:39 PM
You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.
Hope it helps.
_________________
Not a legal advice.
Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)
Hope it helps.
_________________
Not a legal advice.
Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)