amsgc
02-23 09:22 AM
Vroapp,
Thanks for sharing your thoughts!
Thanks for sharing your thoughts!
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kartikiran
10-05 03:48 PM
Administrators, I am sure the question from "bluekayal" was an innocent one.
Honestly, I believe in IV as an organization which does not differentiate race, gender, country, category etc.
I am well aware that there are lot of ladies who are well represented in IV Core and its initiatives. I understand very well, how much they contribute when they volunteer for IV activities, especially after everything that a woman does with juggling time between family and work.
Also I am sure others will understand that there are more advisors who are not men, but they probably would not have agreed to present themselves yet, publicly as part of the board for ImmigrationVoice.
Again, hats off to all your efforts & no need to remove the hats to scratch your head...;)
Thanks bluekayal, we appreciate your comments. At this time we can just share with you that IV works with many more advisers and this is a partial list, based on the formalities and complexities of public announcement.
IV does not make judgment based on any denomination that divides us as humans. Frankly, we are scratching our head with your comments.
Honestly, I believe in IV as an organization which does not differentiate race, gender, country, category etc.
I am well aware that there are lot of ladies who are well represented in IV Core and its initiatives. I understand very well, how much they contribute when they volunteer for IV activities, especially after everything that a woman does with juggling time between family and work.
Also I am sure others will understand that there are more advisors who are not men, but they probably would not have agreed to present themselves yet, publicly as part of the board for ImmigrationVoice.
Again, hats off to all your efforts & no need to remove the hats to scratch your head...;)
Thanks bluekayal, we appreciate your comments. At this time we can just share with you that IV works with many more advisers and this is a partial list, based on the formalities and complexities of public announcement.
IV does not make judgment based on any denomination that divides us as humans. Frankly, we are scratching our head with your comments.
nissan_1
10-26 11:28 AM
Now I am confused with the PD of labor...
Here is the scenario -
Labor - Approved
PD - April 2007
I140 Pending
6th year H1B expiring on march 2008.
Assuming I140 will not be apprved by March 2008, can we get 1 year Extension?
Here is the scenario -
Labor - Approved
PD - April 2007
I140 Pending
6th year H1B expiring on march 2008.
Assuming I140 will not be apprved by March 2008, can we get 1 year Extension?
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anil
04-02 11:20 AM
I would rather fight it here without sending her to India (it happened to me). If you (primary) are living here legally with all your past H1's available in hand, then you hire a gora lawyer. Don't go to Murthy or Rajiv Khanna, they charge hefty. Basically what you need to do is -
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
more...
transpass
09-12 10:08 AM
I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
If you don't mind sharing, what is the date on the RFE letter?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
If you don't mind sharing, what is the date on the RFE letter?
mkrisa
08-11 01:23 PM
bumping
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gc28262
12-28 12:43 PM
Of course Grassley Bill will give more restrictions. But it needs to be analysed whether it is right or wrong. The question is if you want to bring foreigners even if skilled persons are available for that job in USA. If answer is yes then the labor test and layoff provision is wrong. But if you really want to bring foreigners only if skilled persons are not available then the provision does not have any impact on the H1b program. And another provision 50% H1b rule will have only impact on bodyshoppers and Indian consulting companies. But not the H1b aspirants and in longterm that will encourage permanent job hiring in reputed companies.
And if you oppose CIR just for H1b conditions you are going to lose many benefits. Just one provision exclude dependents from EB cap will double or triple GC numbers. And many other provisions will make most or all categories current. I think this time Compete america will not oppose the CIR blindly just because of one provision as they realize what happened on 2007. Smart thing will be negotiate and get a compromise than getting nothing. This is going to be comprehensive bill and everyone will get benefit including anti immigrants. Otherwise nothing.
snram4,
You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.
No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.
If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.
And if you oppose CIR just for H1b conditions you are going to lose many benefits. Just one provision exclude dependents from EB cap will double or triple GC numbers. And many other provisions will make most or all categories current. I think this time Compete america will not oppose the CIR blindly just because of one provision as they realize what happened on 2007. Smart thing will be negotiate and get a compromise than getting nothing. This is going to be comprehensive bill and everyone will get benefit including anti immigrants. Otherwise nothing.
snram4,
You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.
No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.
If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.
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kernel_flash
02-14 08:37 AM
Congratulations to all the winners!
this was really exciting :)
this was really exciting :)
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snathan
04-12 07:17 PM
Hi,
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
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bigtime007
06-26 01:41 PM
It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
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kaisersose
10-11 02:17 PM
There is no problem here.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
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Leo07
10-05 06:32 PM
I'm sure bluekayal's comment was a light hearted and please take it as such. Let's not hijack the thread any further. ( I understand my post is also a hijack:))
bluekayal, Thank you for all your efforts. I can see you are a serious IV member and this is just a off handed remark.
bluekayal, Thank you for all your efforts. I can see you are a serious IV member and this is just a off handed remark.
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centaur
02-23 09:42 AM
There are 2 types of J-1. One is for researchers with no clinical training (practice of medicine), this does not require 2 yrs HRR. The other J-1 is for training in clinical medicien and requires HRR.
Paskal,
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.
A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).
Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?
By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine
I will really appreciate your thoughts.
Thanks.
Paskal,
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.
A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).
Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?
By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine
I will really appreciate your thoughts.
Thanks.
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billbuff123
10-24 03:46 PM
Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
Thanks,
Thanks,
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dpp
06-20 05:32 PM
Gurus
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
Do you have I-140 approval notice with you? If so, A# is going to be there just above the Beneficiary name. Nowadays, USCIS is assigning the A# when they approve I-140. This is what i got from my attorney Rajiv Khanna. Do not listen to them who says it comes only when I-485 is approved. Once I-485 is approved, there is no need to have A# number otherthan you want to apply for Citizenship or keep it for records. So, it is useful only while applying 485 or EAD or AP.
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
Do you have I-140 approval notice with you? If so, A# is going to be there just above the Beneficiary name. Nowadays, USCIS is assigning the A# when they approve I-140. This is what i got from my attorney Rajiv Khanna. Do not listen to them who says it comes only when I-485 is approved. Once I-485 is approved, there is no need to have A# number otherthan you want to apply for Citizenship or keep it for records. So, it is useful only while applying 485 or EAD or AP.
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GCwaitforever
11-16 02:46 PM
This is my personal opinion. F-1 is strictly non-immigrant VISA. Hence your wife will be out of status once I-485 is filed. So she must convert to dual intent VISA H4 till she gets EAD. Check with an attorney or USCIS if your wife's status is governed by the special protection accorded by US attorney general while she is waiting for EAD. Then it would not be an issue.
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greenguru
03-04 06:57 PM
Hi saratswain,
Please can you send me the format of the letter. I am in the same boat as ur are in.
Thanks, g
Please can you send me the format of the letter. I am in the same boat as ur are in.
Thanks, g
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GC4US
10-26 06:11 PM
See my signature.
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bp333
07-17 08:06 PM
Great job folks. Justice Prevails!
gk_2000
08-13 02:58 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
But when was the 485 filed? was it filed by the other company along with 140 in 2007 july fiasco?
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
But when was the 485 filed? was it filed by the other company along with 140 in 2007 july fiasco?
Hewa
06-08 10:33 AM
Yes, they take all copies - SSN, I797, passport everytime the license has to be renewed. More frustrating thing is they only issue a paper license which is valid only for 30 days and the card is mailed in 3-4 weeks from Tallahassee (State capital) after they perform immigration & background check. This paper license can't be used for ID purposes.
The 30-day paper license thing has been there since 2002, when I first applied. The "Temporary" label came I think about one and a half to two years back.
The 30-day paper license thing has been there since 2002, when I first applied. The "Temporary" label came I think about one and a half to two years back.
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