nixstor
12-02 10:42 PM
IV is not for any particular nationals. While ROW is also affected because of retrogression, India and China are severely affected and there is hardly any movement in EB2/3 for India. The hard country limits in EB system and inability to capture unused visa numbers are just 2 of the many reasons responsible for retrogression. These forums have been misused by some people to advertise about their firm. May be the other member skimmed through the post and considered it a similar ad. OP has given a fitting response. Welcome to IV.
sent4dc
08-25 06:07 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
add78
03-19 01:33 PM
Hello Everyone;
I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;
When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.
So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.
I understand your frustration, however, legally you do not have a case against the Closing Company. If they had sent it to a completely different address, it was another story. Since your driver's license showed your old address, the court will not find them at fault. Check your contract to see if there is any provision that states the mailing method of such important documents. Usually it should require signature upon delivery if not return receipt, but if nothing is mentioned in the contract, unfortunately you do not have a case.
I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;
When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.
So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.
I understand your frustration, however, legally you do not have a case against the Closing Company. If they had sent it to a completely different address, it was another story. Since your driver's license showed your old address, the court will not find them at fault. Check your contract to see if there is any provision that states the mailing method of such important documents. Usually it should require signature upon delivery if not return receipt, but if nothing is mentioned in the contract, unfortunately you do not have a case.
dhenuva123
01-10 06:48 PM
menezeswayne,
Did you get your extension? Please let me know, after how many days u got u'r extention.....am also in same situation .My H1-B extension was filed on sept 1st,requesting for additional 3 years (after the 1st 6 yrs) to VSC on regular basis. My labor and I-140 were also approved. The case has been pending since then.
Thanks much.
Did you get your extension? Please let me know, after how many days u got u'r extention.....am also in same situation .My H1-B extension was filed on sept 1st,requesting for additional 3 years (after the 1st 6 yrs) to VSC on regular basis. My labor and I-140 were also approved. The case has been pending since then.
Thanks much.
more...
desi3933
07-13 12:28 PM
I did not generate. The employer did, but I paid the taxes due 925% + 12.5 % employer tax)
So you "paid" taxes, could you please explain how it is legal?
So you "paid" taxes, could you please explain how it is legal?
indyanguy
07-16 03:50 PM
Is the Senior App Dev position with a different company? If so, if you want to use AC21 to switch to this new company, you will need to have a job which is "same or similar". AFAIK, you will need to have a "Programmer Analyst" position in the new co.
more...
GoneSouth
01-24 11:07 AM
Get a second opinion from another attorney. Pay a consult fee if you need to. I've had several experiences with attorneys giving me suspicious answers, answers that don't match up with what I've researched, and just plain wrong advice.
If your attorney continues to give you bad / wrong advice, don't be afraid to fire them and get a new one, even if you've paid your fees up front. Avoiding trouble with a bad attorney will be more than worth the price paid for getting a new attorney.
- gs
(not bitter at all, hehe ;-) )
If your attorney continues to give you bad / wrong advice, don't be afraid to fire them and get a new one, even if you've paid your fees up front. Avoiding trouble with a bad attorney will be more than worth the price paid for getting a new attorney.
- gs
(not bitter at all, hehe ;-) )
hopefulgc
08-12 11:14 PM
Reminds me of a scene from an indian movie..
Few guys were dancing by the side of the road ... going "nacho ... danak tanak.tanak. ae.. nacho!!".. .. just dancing merrily..
munnabhai and circuit join them and start dancing..
soon munnabhai and circuit ask these guys why they were dancing.
They go "no reason .. just dancing "
In turn, these guys ask why were munnabhai and circuit dancing...
Circuit goes ."we were dancing coz you were dancing.."
then all of them again go "nacho .. .danak tanak tanak... nacho!!"
hurrah!....
..
...
...
wait a min..success of what??
Few guys were dancing by the side of the road ... going "nacho ... danak tanak.tanak. ae.. nacho!!".. .. just dancing merrily..
munnabhai and circuit join them and start dancing..
soon munnabhai and circuit ask these guys why they were dancing.
They go "no reason .. just dancing "
In turn, these guys ask why were munnabhai and circuit dancing...
Circuit goes ."we were dancing coz you were dancing.."
then all of them again go "nacho .. .danak tanak tanak... nacho!!"
hurrah!....
..
...
...
wait a min..success of what??
more...
garfield_x
03-05 01:53 PM
eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....
GotGoose?
04-22 07:15 PM
Took your advice and made another one.
more...
vinabath
07-02 03:05 PM
I paid for a 2007 labor for 15k. Now I am screwed.
santiwar
07-24 11:15 PM
I contributed once in the past for (100 Bucks). I am feeling the pinch lately because of all these I-485 filing expenses ( i know, it does sound like a lame excuse :p ). Rest assured, will be contributing in the future..
more...
gene77
08-20 03:51 PM
I'm a Jul 02 filer and I received the 485 and 765 notices recently.
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
bump^^^^^^^
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
bump^^^^^^^
cbpds
07-13 05:46 PM
easy way out :) mexico to san diego
more...
techbuyer77
06-12 03:47 PM
up
reddog
06-18 04:28 PM
No one ever has gone to court over a Noncompete agreement issue. No one will.
Most things in Business run on 'the word', and a non-compete is one of them.
Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.
Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?
I still do not know why would you want to work thru a different Vendor?
Is this a Preferred Vendor issue?
I mean, if you are anyways going on an AC21(assuming you are one of us :))
why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.
And finally, if the Non-compete is between the Client and the Vendor, why are you worried?
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
Most things in Business run on 'the word', and a non-compete is one of them.
Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.
Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?
I still do not know why would you want to work thru a different Vendor?
Is this a Preferred Vendor issue?
I mean, if you are anyways going on an AC21(assuming you are one of us :))
why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.
And finally, if the Non-compete is between the Client and the Vendor, why are you worried?
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
more...
virtual55
04-18 09:02 AM
if you have both H1B and EAD they both are valid work authorizations and you can work with both of them as long as they are valid and AILA thinks that we can moonlight with EAD while working on H1B and they asked the same question to USCIS and also there is no way for USCIS to track if you are working on H1B and EAD as far I know.
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
newyorker123
09-27 09:21 PM
Recently I filed FOIA for the complete set of documents on my I-485, becaz my employer didnt share any documents with me.
Now I got my I-140 application and Receipt Notice and all the documents submitted for I-485, but there is no I-140 approval notice, is anyone out there filed FOIA just to get the I-140 approval notice? or should I file I-824 to get the I-140 approval notice?
-------------------------------------------------------------------------------------------------------
Contributed $200 towards advocacy.
Now I got my I-140 application and Receipt Notice and all the documents submitted for I-485, but there is no I-140 approval notice, is anyone out there filed FOIA just to get the I-140 approval notice? or should I file I-824 to get the I-140 approval notice?
-------------------------------------------------------------------------------------------------------
Contributed $200 towards advocacy.
atlgc
06-01 11:15 AM
when you say
"If old priority date is not ported then send an email to " means new 140 not showing the old PD correct?
once it shows up then send a interfile request correct or send eitherway
"If old priority date is not ported then send an email to " means new 140 not showing the old PD correct?
once it shows up then send a interfile request correct or send eitherway
kumar1
11-24 02:11 PM
There is always a calculated risk in extending I-94. No one can predict the outcome of this process. Personally, I would not do it.
surya.kant
06-19 01:16 PM
Hi,
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
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