India76
06-04 11:24 AM
Senate is planning to vote on THIS friday and I don't see any urgency or any heat(debate) on this topic. today they will strat debating at 2:30????
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americandesi
10-21 07:41 PM
Refer http://www.murthy.com/news/n_staiss.html and search for "Multiple I-485 Filings Not Advisable"
alterego
01-04 09:30 AM
Anyone with recent experience moving to Texas on EAD? Please share your experience with regards to Drivers license etc.
What does one do when less than 180 days left on EAD? Do they accept an approved 140 or pending 485 proof?
What does one do when less than 180 days left on EAD? Do they accept an approved 140 or pending 485 proof?
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americandesi
10-15 02:52 PM
I-9 is a USCIS document so i would guess it goes to uscis
You are wrong. Please read the Footer text on page 1.
http://www.uscis.gov/files/form/i-9.pdf
It clearly says
"EMPLOYERS MUST RETAIN COMPLETED FORM I-9. PLEASE DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS"
You are wrong. Please read the Footer text on page 1.
http://www.uscis.gov/files/form/i-9.pdf
It clearly says
"EMPLOYERS MUST RETAIN COMPLETED FORM I-9. PLEASE DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS"
more...
bikram_das_in
01-22 03:32 PM
1) Only the company for you are working right now with L1 VISA can apply for your green card. You should be able to get green card in 2-3 years if everything goes fine.
2) Your daughter can sponsor your green card when she is 21 years old. You cannot change job on L1. In order to change job, you have to find an employer who can sponsor H1B for you. H1b is another type of work visa.
2) Your daughter can sponsor your green card when she is 21 years old. You cannot change job on L1. In order to change job, you have to find an employer who can sponsor H1B for you. H1b is another type of work visa.
sai2005
03-06 04:22 PM
ALL Gurus,
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
so please advice on how to retain my status.
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Thanks
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
so please advice on how to retain my status.
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Thanks
more...
sdrblr
07-21 04:23 PM
We came back on H1/ H4 even though I had valid AP last December. We are travelling again next week and will be back in 2 weeks. Not sure whether it matters what the POE is, mine is Chicago O'Hare.
When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
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venetian
07-06 02:29 PM
Thanks saket,
Just a clarification, did you continue to maintain H1 status or started using EAD after you entered using AP.
Yes, I did the same.....even though I had a valid H1B stamped in my passport the POE made me use the AP to enter.....
Just a clarification, did you continue to maintain H1 status or started using EAD after you entered using AP.
Yes, I did the same.....even though I had a valid H1B stamped in my passport the POE made me use the AP to enter.....
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matreen
07-11 01:02 AM
I see dark every where for EB3 until we do something there is no hope guys.....
This is really suc...............
This is really suc...............
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gsc999
07-15 02:52 PM
yes, but look at how many members they have. Close to half a million. How can IV with less than 1000 members be as strong? Looks like we have miles to go.....
lotr
Just curious, where did you get the 1000 number?
Our website shows 18,000 members and growing.
lotr
Just curious, where did you get the 1000 number?
Our website shows 18,000 members and growing.
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nviren
03-24 05:34 PM
To me it looks like a good channel to sell anti-immi books written by Roy Beck and Leon Kolankiewicz
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gultie2k
07-07 12:42 PM
Mr Ganguteli!
Please refrain from intimidating others in pain. Hoping for large scale denials will not help your cause in any way.
Please refrain from intimidating others in pain. Hoping for large scale denials will not help your cause in any way.
more...
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softcrowd
04-23 09:35 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
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h1bemployee
06-25 04:18 PM
1. What was your original I-94 date before H-1B amendment was filed by Company A?
September 30 2009
2. What was amendment for?
amendment is for change in annual salary
3. Why H-1B amendment was denied?
The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
Pls see my answers under the questions
September 30 2009
2. What was amendment for?
amendment is for change in annual salary
3. Why H-1B amendment was denied?
The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
Pls see my answers under the questions
more...
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simplistik
03-09 12:15 AM
LoL... mlk I just took a real look at your site and I noticed at the bottom you have all those little links... it looks like those links are supposed to be referencing the boxes they are in. So like Tekken, is an investor... Alicia Keys is a privacy policy...
:lol:
Also, the arrows pointing up make no sense... they should be pointing down as they are pointing to nothing :D
:lol:
Also, the arrows pointing up make no sense... they should be pointing down as they are pointing to nothing :D
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doesntmatter
05-20 05:21 PM
Background:
No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
No Notice of Intent to Deny; Straight denial notice in around 8 business days
EB2; Priority Date: Mar 14 2005
LC: Approved Mar 2007
I-140 Approved May 2007
1-485 Applied Aug 2007
First RFE: Only G325
Second RFE: 4 Items
1. Signature issue in Medical forms - redid the forms
2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
3. Travel dates since the first arrival at USA - furnished all of them
4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
What happened in that time?
Was with Company 2 on L1-B
L1-B was about to expire by Aug 29, 2001;
Applied for L1-B extension on Aug 3, 2001;
RFE on L1-B extension on Feb 23 2002;
Response submitted for RFE on Mar 3 2002;
NO RESPONSE TILL SEPTEMBER 2002
Apply for H1-B with Company 3 on August 20, 2002;
ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
Obtained H1-B visa and travelled back June 2003;
Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;
FURNISHED THE COPY OF THE H1-B PETITION in my response.
Denial Notice was sent out today (have not received it yet).
Is it possible that USCIS finds me ineligible for AOS based on:
Normal Eligibility Standards of AOS under Section 245(a)
Alien must be �eligible� for immigration; and
Ineligible classes
Alien was employed in the United States without USCIS authorization prior to filing AOS application;
If so:
1. Will I be able to do a MTR or an appeal?
Or
2. Is a lawsuit the only way to go since I will not be allowed to appeal?
How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.
P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.
No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
No Notice of Intent to Deny; Straight denial notice in around 8 business days
EB2; Priority Date: Mar 14 2005
LC: Approved Mar 2007
I-140 Approved May 2007
1-485 Applied Aug 2007
First RFE: Only G325
Second RFE: 4 Items
1. Signature issue in Medical forms - redid the forms
2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
3. Travel dates since the first arrival at USA - furnished all of them
4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
What happened in that time?
Was with Company 2 on L1-B
L1-B was about to expire by Aug 29, 2001;
Applied for L1-B extension on Aug 3, 2001;
RFE on L1-B extension on Feb 23 2002;
Response submitted for RFE on Mar 3 2002;
NO RESPONSE TILL SEPTEMBER 2002
Apply for H1-B with Company 3 on August 20, 2002;
ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
Obtained H1-B visa and travelled back June 2003;
Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;
FURNISHED THE COPY OF THE H1-B PETITION in my response.
Denial Notice was sent out today (have not received it yet).
Is it possible that USCIS finds me ineligible for AOS based on:
Normal Eligibility Standards of AOS under Section 245(a)
Alien must be �eligible� for immigration; and
Ineligible classes
Alien was employed in the United States without USCIS authorization prior to filing AOS application;
If so:
1. Will I be able to do a MTR or an appeal?
Or
2. Is a lawsuit the only way to go since I will not be allowed to appeal?
How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.
P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.
more...
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simple1
05-11 01:49 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
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surabhi
05-29 08:21 PM
I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
Thank you for the help
YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.
USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.
It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.
Thank you for the help
YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.
USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.
It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.
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gcnirvana
07-11 02:27 PM
Franklin, I just sent you a PM.
Hey guys
The Bay Area members need your help.
We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!
We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.
Post here or PM me if you can make a few phone calls for us
Many thanks
Hey guys
The Bay Area members need your help.
We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!
We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.
Post here or PM me if you can make a few phone calls for us
Many thanks
Aah_GC
06-10 03:33 PM
A bit corny - but a good intention! At some level the message should not be misconstrued. If you really do want your GC real quick, do all you can. All actions toward a genuine cause have their own proportional returns, at unexpected times.
Between, called up 5 congressmen/ women today..
Ok..So now that I have your attention, I can say how I feel about our top priority right now.
Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.
For the rest of you, here is the link
http://immigrationvoice.org/forum/showthread.php?t=19387
I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.
But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.
I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?
I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).
IV has united us. Now lets show the strength of our unity.
Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.
Between, called up 5 congressmen/ women today..
Ok..So now that I have your attention, I can say how I feel about our top priority right now.
Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.
For the rest of you, here is the link
http://immigrationvoice.org/forum/showthread.php?t=19387
I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.
But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.
I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?
I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).
IV has united us. Now lets show the strength of our unity.
Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.
Suva
10-28 11:07 AM
Happy Diwali to every one here in IV...
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