matreen
12-19 01:13 AM
Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........
if you invoke AC21 means you have to use EAD not H1B......
if you invoke AC21 means you have to use EAD not H1B......
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same_old_guy
08-16 03:11 PM
1) The company has to send a letter to USCIS to withdraw the I-129.
2) It can withdraw at any time before or after approval. In fact it wont matter to you if you never work for the company.
3) If USCIS rejects it, as in not selected in lottery, you will get back USCIS fee. If you withdraw it there is no refund. In any case, you dont get back lawyer's fee.
4) Withdraw can be done anytime.
5) No form. The company has to send a letter in letterhead stating the receipt number, asking to revoke the application.
6) I dont think USCIS sends any confirmation if H1 is revoked by employer. In any case of H1, you dont have to worry so much. It's all responsibility of the company. It's perfectly valid to have more than 1 H1 at any time.
2) It can withdraw at any time before or after approval. In fact it wont matter to you if you never work for the company.
3) If USCIS rejects it, as in not selected in lottery, you will get back USCIS fee. If you withdraw it there is no refund. In any case, you dont get back lawyer's fee.
4) Withdraw can be done anytime.
5) No form. The company has to send a letter in letterhead stating the receipt number, asking to revoke the application.
6) I dont think USCIS sends any confirmation if H1 is revoked by employer. In any case of H1, you dont have to worry so much. It's all responsibility of the company. It's perfectly valid to have more than 1 H1 at any time.
dpp
06-28 02:50 PM
I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
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kumar1
12-26 02:37 PM
It is with Laloo Prasad Yadav.
I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?
;)
I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?
;)
more...
Lasantha
03-24 02:55 PM
Yeah, I remember these guys.
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
485Mbe4001
09-25 11:55 AM
good find. I added this link in the personal message section of my IM. within minutes 2 sent IMs indicating that they had no idea it was so complicated for legals. :)
more...
ja258
04-03 11:16 AM
My case was rejected with incorrect fee as reason. But my lawyer claims that the rejection packet did not have the original checks. So, they don't know whose fault it is. Any one with similar issue ?
I was just wondering how you resolved this issue. I'm in a similar situation,I mailed the correct fee for sure,but a month later my package was returned with a claim that I sent an incorrect fee. I'm so confused and not sure what to do because I know,in fact I checked the money orders (985 and 85 (biometric)) again and again before mailing it,and I even have a record of the money order now. I don't understand...
I was just wondering how you resolved this issue. I'm in a similar situation,I mailed the correct fee for sure,but a month later my package was returned with a claim that I sent an incorrect fee. I'm so confused and not sure what to do because I know,in fact I checked the money orders (985 and 85 (biometric)) again and again before mailing it,and I even have a record of the money order now. I don't understand...
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ItIsNotFunny
12-17 03:27 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
more...
singhsa3
03-11 02:16 PM
I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
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sertasheep
03-25 11:18 AM
<EDIT>
added hyperlink to Enquiro Report
</EDIT>
Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.
I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.
**********************
Dear Mr. Rajaghatta, and Editor,
I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".
The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.
The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.
I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.
Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.
I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.
May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)
Best Regards
************
"Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?
added hyperlink to Enquiro Report
</EDIT>
Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.
I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.
**********************
Dear Mr. Rajaghatta, and Editor,
I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".
The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.
The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.
I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.
Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.
I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.
May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)
Best Regards
************
"Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?
more...
newlife2
09-19 10:16 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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makemygc
04-17 09:45 AM
How did you find what job code your labor was applied for?
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
more...
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siva008
02-24 12:38 PM
I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
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cnag
03-24 03:07 PM
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Refugee_New, I consider this the mother of all jokes. After a long time, I had a good hearty laugh reading your post. Thanks buddy!!!
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Refugee_New, I consider this the mother of all jokes. After a long time, I had a good hearty laugh reading your post. Thanks buddy!!!
more...
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gultie2k
07-07 01:42 PM
Ganguteli and Saxena...
Even though your intention may be right...the means is not. Hoping for bad of others to get help is SICK!!
Even though your intention may be right...the means is not. Hoping for bad of others to get help is SICK!!
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GCwaitforever
08-15 11:04 AM
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
more...
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fl_gc
08-04 12:28 PM
My EB2 I-140 is also pending. RD for I-140 is 03-21-2007. I have sent two SR.
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hazishak
09-04 10:22 AM
I did read somewhere that it takes 30 days for USCIS to locate one single file. All applications might not be in the database as only 30% (approx) of all the pending applications are databased.
How difficult is it to find info about the old cases. It is a simple search query on the database. (One single query)
How difficult is it to find info about the old cases. It is a simple search query on the database. (One single query)
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Administrator2
03-28 01:41 PM
As needhelp! clarified, we will fix all these issues over the weekend. Kindly keep updating this thread with any tracker related issue you would like to report.
Also, kindly input processing information in your profile so that the tracker is more efficiently used by you and all other IV members.
Also, kindly input processing information in your profile so that the tracker is more efficiently used by you and all other IV members.
txh1b
08-16 05:14 PM
1. Depends on the IO. Most of them take you for the interview together unless the legitamacy of your marriage is in question which will not likely be the case for employment based GC unless the marriage was close to the visa bulletin date or similar.
2. You can take any attorney you want to however it is not needed if your case is straight forward. If you have out of stay period , gap in employment and criminal issue, an attorney can just advise you in case the IO asks something that is against the law or you answering the question might prove to have bad consequences. The attorney cannot answer any of the questions asked. Take all documents and not just the ones mentioned in the interview. It would help you for any out of the way questions.
AN attorney is really not needed for many cases unless you have any criminal convictions or borderline legal points to make you eligible for the 485.
2. You can take any attorney you want to however it is not needed if your case is straight forward. If you have out of stay period , gap in employment and criminal issue, an attorney can just advise you in case the IO asks something that is against the law or you answering the question might prove to have bad consequences. The attorney cannot answer any of the questions asked. Take all documents and not just the ones mentioned in the interview. It would help you for any out of the way questions.
AN attorney is really not needed for many cases unless you have any criminal convictions or borderline legal points to make you eligible for the 485.
Kapils573
10-17 05:28 PM
My application was filed on 19th July .However I have not received my receipts yet. Has your friend contacted the USCIS and inquired since 90 days are over?
Thanks,
Kapil
Thanks,
Kapil
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