GCanyMinute
08-23 12:25 PM
for sure this info is gonna be useful for someone.
i hope i don't have to use it myself though :D
thanks for the help.
i hope i don't have to use it myself though :D
thanks for the help.
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bodhi_tree
12-15 10:32 AM
I have been interviewed a couple of times at a very good stable company and the engineering manger seem to like my skill sets and experience. The issue is the company has no previous experience with H1 visa whatsoever....They haven't said they wont do it..but they are bit edgy in terms of how legally involved it would be...I have a final interview with the HR boss next week and am looking for ideas to quell their H1 anxiety...
I'd appreciate if some one can point to any websites/documents/ideas...some thing to show the HR guy that its not as complex or involved process and they are perceiving it to be would be great..
I'd appreciate if some one can point to any websites/documents/ideas...some thing to show the HR guy that its not as complex or involved process and they are perceiving it to be would be great..
yagw
07-11 07:18 PM
Yes. I guess, I read it wrong. I'm surprised that USCIS has outsourced this work to companies like these trusting them blindly. I was of the impression that the attorney used some USCIS website to file for PERM labors. And what kinda stupid co. was this...TESTING against prod database? Scary :eek:
USCIS didn't outsource; at least not to LawLogix. They are independent SW makers, much like TurboTax from Intuit :)
USCIS didn't outsource; at least not to LawLogix. They are independent SW makers, much like TurboTax from Intuit :)
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h4hopeful
05-31 12:56 PM
You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.
On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
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bsbawa10
09-06 03:50 PM
USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.
USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.
USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.
va_dude
06-16 11:56 AM
I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
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amsgc
06-09 12:20 AM
Here is some information on what to do if your passport and I-94 are lost or stolen.
http://www.travel.state.gov/visa/temp/info/info_2009.html
If you do not receive the I-94 in time (before leaving the US), you can send copies of your boarding pass, immigration stamp (when you enter India), and a cover letter to the USCIS (Kentucky, see below) explaining what happened.
http://www.usembassy.org.uk/dhs/cbp/i94.html
Hope this helps, and don't worry.
PS: Sorry to hear about your loss. Just F.Y.I, there is no such word as "thefted". Use "stolen".
http://www.travel.state.gov/visa/temp/info/info_2009.html
If you do not receive the I-94 in time (before leaving the US), you can send copies of your boarding pass, immigration stamp (when you enter India), and a cover letter to the USCIS (Kentucky, see below) explaining what happened.
http://www.usembassy.org.uk/dhs/cbp/i94.html
Hope this helps, and don't worry.
PS: Sorry to hear about your loss. Just F.Y.I, there is no such word as "thefted". Use "stolen".
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kamdard
04-08 11:02 AM
PD: MAY-2002 (EB3 India)
I-140/I-485 filed: 28-JUN-2007 (NSC)
I-140/I-485 RD: 24-JULY-2007
I-140 Approval: 05-SEPT-2007
EAD/AP: OCT-2007
I-140/I-485 filed: 28-JUN-2007 (NSC)
I-140/I-485 RD: 24-JULY-2007
I-140 Approval: 05-SEPT-2007
EAD/AP: OCT-2007
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GCNirvana007
10-08 04:14 PM
I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.
Right now who is my employer Company A or B or none of the above?.
Right now who is my employer Company A or B or none of the above?.
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goel_ar
12-19 11:05 AM
My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?
Thanks,
LG.
Thanks,
LG.
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glus
11-06 09:06 AM
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
Hi PSN,
Please do not worry. I have seen this happening with one of my friend's I-130. Although a different application, his status suddenly changed to "pending" from approved years ago. He took infopass and they told him it was a system glitch. A few days later after infopass his status reversed back to "approved." I would take info pass, along with approval notice and just explain the situation. Do not worry until you know the reason. Also, do not think it is some kind of an investigation. When USCIS does investigations on approved cases, the status shows "Case re-opened". Let us know what they told you after infopass.
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
Hi PSN,
Please do not worry. I have seen this happening with one of my friend's I-130. Although a different application, his status suddenly changed to "pending" from approved years ago. He took infopass and they told him it was a system glitch. A few days later after infopass his status reversed back to "approved." I would take info pass, along with approval notice and just explain the situation. Do not worry until you know the reason. Also, do not think it is some kind of an investigation. When USCIS does investigations on approved cases, the status shows "Case re-opened". Let us know what they told you after infopass.
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mmanurker
12-10 02:30 PM
The dot system if used properly is a good system as other community members can privately control the reputation of each other. Community can also identify posters who are mischief makers by giving them reds and identifying them publicly. This reduces the need for moderators significantly as moderators cannot read every post and every thread everyday. Pls suggest better ways in which we should handle reputation system.
Yes, I agree that dot system if used properly is a good system. I dont mind people giving me red dots but what really bothers me is when people leave nasty comments and use foul language. So is it possible to show/expose user id along with the comments when ever someone uses foul language and leaves a nasty comment? This will make sure that people who use foul language will restrain from leaving such comments for the fear of getting their Id's exposed and the privacy is also maintained for those who use appropriate language.
OR
Show the Id's of all the people irrespective of red/green dots.
If this requires too much of time and work for IV admins then pls ignore this and we can think of alternate solutions.
Yes, I agree that dot system if used properly is a good system. I dont mind people giving me red dots but what really bothers me is when people leave nasty comments and use foul language. So is it possible to show/expose user id along with the comments when ever someone uses foul language and leaves a nasty comment? This will make sure that people who use foul language will restrain from leaving such comments for the fear of getting their Id's exposed and the privacy is also maintained for those who use appropriate language.
OR
Show the Id's of all the people irrespective of red/green dots.
If this requires too much of time and work for IV admins then pls ignore this and we can think of alternate solutions.
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webm
02-24 03:01 PM
I have e-filed along with spouse new SSN#..no issues...
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
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Jerrome
05-21 01:30 PM
I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).
We applied for her H1 in 2007 April, it got approved on September 2007.
We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.
We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.
Her H4 approved on November 2008(but i was no more in H1).
I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.
Bump
We applied for her H1 in 2007 April, it got approved on September 2007.
We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.
We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.
Her H4 approved on November 2008(but i was no more in H1).
I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.
Bump
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guygeek007
08-06 11:08 AM
I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
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GoneSouth
04-17 06:42 PM
This is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
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ivgclive
08-23 06:14 PM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
You have rights to ask the above items. But it can not be done thru USCIS.
You should hire a good lawer and proceed thru court.
Good luck.
PS: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
You have rights to ask the above items. But it can not be done thru USCIS.
You should hire a good lawer and proceed thru court.
Good luck.
PS: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.
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neerajkandhari
06-04 07:47 AM
CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.
I have recently left my job I have another job offer with the same position and same and higher salary can they pay me via 1099
I had my wife start a business can i work in the same position in her business with same or higher salary can i do 1099 instead of W2
please Advice
I have recently left my job I have another job offer with the same position and same and higher salary can they pay me via 1099
I had my wife start a business can i work in the same position in her business with same or higher salary can i do 1099 instead of W2
please Advice
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amitjoey
06-17 06:50 PM
Total Contributions on this thread: $650- I am moving these to the funding thread. Please post your contributions on the funding thread.
surabhi
06-02 10:50 AM
NKR, thanks . I am considering that option.
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
vin13
12-02 01:21 PM
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
If you do not get help in one of the offices, try your luck at another USCIS office.