Friday, June 10, 2011

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  • sanju
    03-06 02:44 PM
    Which bill? Passed where? More info please.

    The greater danger in our lives is not that we set our aim too high and fail, but we set them too low, and still do.



    .





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  • Almond
    08-14 12:10 PM
    ^^^^ sounds like good news, I'm happy for you:)





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  • kalyan
    04-17 10:30 AM
    By the time, the DOL comes in and does all the needy and get a court hearing, still the employer will not pay you if he wishes.

    The judgments are there for employers and they did'nt even get a penny out of it.

    Since they are US citizens, they don't have anything to loose.

    I would say, report to USCIS with all the facts but becautious about your own H1B and other details.

    May be u 'll come under the lense of "OUT OF STATUS"

    Good luck.





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  • RandyK
    12-24 11:46 AM
    I have printed the banners (they will go up on all the Indian stores that I can find).

    I have sent out an email to all my friends who are on work permits.



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  • plassey
    07-23 10:41 PM
    I think, he should run for his life from his in laws now...:)
    with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)





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  • prem_goel
    12-03 10:20 PM
    Congrats!!!

    If you can post interview details it will be very helpful? and also details abt ur night stay the hotel etc.

    Hi, see my other thread at

    http://immigrationvoice.org/forum/forum6-non-immigrant-visas/thread783615-tijuana-stamping-on-30th-nov-anyone-new-post.html



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  • hpandey
    12-24 03:29 PM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks

    If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .

    If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .

    What you are suggesting is certainly possible but complicated.

    Easy way would be to go on AP and use your EAD and AC21 to move to another company .

    But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .





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  • nixstor
    07-18 10:35 AM
    Can someone who might have some information help me and Rajeev by answering Rajee's question..thanks.

    Yes, You need to file it along with the receipt notice so that they can associate it with your 485.



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  • jonty_11
    07-24 12:04 AM
    BEtter go with lawyer...$400 is not much and will save u headache later on dur to name mismatches.





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  • eager_immi
    04-05 08:15 AM
    if it is urgent shouldn't you consult a lawyer?



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  • gcseeker28
    07-27 02:21 PM
    Hello Gurus,
    I am a first timer posting in this fantastic forum.
    I am in a very confusing situation wherein I need your help

    EB2 priority date: April 2007
    I 140 approved.
    I 94 expired in August 2010

    So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
    I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
    I am presuming its related to the client's letter.
    My lawyer said that we can open a MTR within 30 days.

    What are the options and todo list I have?
    1. I have a very good rapport with the client and I can get the client's letter.
    If I get it, how long will it take to approve my case?

    2. I am still working. Is it legal if I work as long as the appication is being processed.
    3. Once I get my EAD, will it matter if H-1B gets rejected?

    Please help me!





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  • punjabi77
    08-08 10:11 AM
    Calgirl,

    In my case, i was told to wait for 90 days from the date EAD was filed. USCIS did not help me. So After more than 90 days. i called Senator office. Within a week or so they sent me a letter saying that they have contacted the TSC office and they will let me know when they hear from them.
    Then in about another month, they sent me letter, which in turn had a reply from TSC office, saying that my application is pending due to background check (something like that).
    So then i came to know what is wrong with my application. Mind it, i am talking about my EAD, 485 is still out of picture. Now every senator has an Immigration department and the person in that dpt follows-up with individual cases. Even TSC offices take some time to respond to Senator office's email. But atleast they have to respond back. If we call, they just give us a hard time.



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  • digitalrain
    06-26 06:53 PM
    Thank you for the advice.





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  • micofrost
    09-01 05:37 PM
    Dude,

    Since you have said "no offence", I will be polite too.
    First of all, all these indians you see are a miniscule numbers. dont look at the %age out of 140K GC visas. Look at the numbre compared to the total india population. There are around 3 million indians in US, including the citizens, gcs and h1bs, business and touirist and f1s and h4s and l1s and the other visas which i know but do not know their names.

    Compare 3 million to the 1.15 Billion population. You calculate the %age.

    Compare that to the other countries who are trying to immigrate. Yes we are proud of our culture. Its one of the best. Ofcourse I am trying to fugure out the the other best.

    And the person who is trying to immigrate, has nothing to do with his/her culture.



    No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.

    Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?

    If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!

    I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.



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  • gc_lover
    06-20 12:24 PM
    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.

    Thanks.

    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.


    Hello,

    I got this from immigration-law.com website

    =======================================


    06/05/2007: I-140 Petitions Ineligible for Premium Processing

    Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
    1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
    2. Labor Certification substitution requests; and
    3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
    It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.


    ===============================================

    You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.

    Yes, you can file without actual LC papers, so don't wait!





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  • desibechara
    06-20 01:03 AM
    but what is notice of forward...in labor certification..the phone number is
    written on the labor document..

    PD 2001 Oct
    TR..was about to convert it to RIR,,,but they started the process already..




    DB



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  • thomachan72
    11-10 02:47 PM
    Never heard of this before. Wouldn't know what to do either. Can you call them and ask? or send an email? what does your attorney say? Was an educational evaluation done on this?





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  • rockstart
    01-08 12:28 PM
    Posting IV Wiki page link on Birth Certificates
    US I-485 RFE Birth Certificate - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate#External_Reference_Links )





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  • meher
    12-25 12:35 PM
    At present till now based on the talks i had with my employer i donot have any hopes that he will be running the pay stubs.

    The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.

    Sure i will let know the employer name. I am just waiting to have my H1B transfer.

    MRD





    Lydia
    06-18 11:33 AM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..





    immi_grant
    06-25 02:10 PM
    Thanks for the response !!

    This client is a direct client to my company and there are no middle layers or vendors. So like you said if I can get an email from the client that they can't give me the letter via their corporate email would work ? Would this suffice to open a MTR ?

    Thanks in advance.



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