srkgollapudi
04-23 12:55 AM
Hello All,
My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?
Thank you
Ravi
My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?
Thank you
Ravi
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stuckinmuck
02-11 12:02 PM
Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
vinay@ocean
06-10 12:30 AM
I am very thankful for such a generous response in such a short span of time.
I have everything back with me except I-94 and VISA ( which can be had in india).
I owe this forum a lot.....:) and i will have to repay it ...
I have everything back with me except I-94 and VISA ( which can be had in india).
I owe this forum a lot.....:) and i will have to repay it ...
2011 Funny Facts about Babies,
raysaikat
05-31 12:18 AM
Thanks a lot, Raysaikat.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
more...
jmafonseca
November 9th, 2004, 09:11 AM
Hi all, my first post here. The forum has been truly useful so far and I'm glad to join today. I was one of those just lurking around but now I really need the feedback from D70 experts here since my 6 month old D70 won't work anymore overnight. I just put it back in the shock-proof case and it slept there, next morning it was no longer usable.
It seems like it's resetting constantly by itself. The MENU key shows the menu briefly and disappears, the last picture review button shows the last picture on the flash card briefly and also disappears.
When there's a card in it blinks the green light about once a second. Seems like it's really rebooting every second.
There is no display on the control LCD near the on/off switch. It is blank and does not show any traces of anything, just plain blank.
On the big LCD preview screen it is normally blank but like I said it does briefly display the last picture taken when you press review, but then disappears also at 1 second interval.
When the menu shows briefly after pressing MENU the movement keys do not affect the selection, all keys seem disabled during that brief period of time.
I've changed batteries, lenses, pushed every button and checked the lens socket connectors to see if anything looked strange - everything seems ok here. Tested the same batteries on another D70 and worked perfect just this morning.
It has taken no shocks or beating. It's a brand new D70 (6 months and a few days) and my retailer denies me warranty after 6 months - Murphy's Law applied to warranties says your equipment will break exactly after the warranty voids. I feel like I've been ripped off buying a refurbished piece for the price of a new one...but that's for another discussion.
I've written Nikon a few minutes ago but in the meantime I'd like to know if anyone here knows of a "keylock" switch or something that could disallow me access to the camera. Or could be a stuck reset switch or something like that. The menu shows and the internal mechanism is ok because it can read the last photo and displays readable stuff. The reset on the bottom of the camera does not seem ot reset anything, it just blanks the screen out briefly but then it goes back into an infinite reboot loop.
Help please!
Thanks and glad to join this forum.
It seems like it's resetting constantly by itself. The MENU key shows the menu briefly and disappears, the last picture review button shows the last picture on the flash card briefly and also disappears.
When there's a card in it blinks the green light about once a second. Seems like it's really rebooting every second.
There is no display on the control LCD near the on/off switch. It is blank and does not show any traces of anything, just plain blank.
On the big LCD preview screen it is normally blank but like I said it does briefly display the last picture taken when you press review, but then disappears also at 1 second interval.
When the menu shows briefly after pressing MENU the movement keys do not affect the selection, all keys seem disabled during that brief period of time.
I've changed batteries, lenses, pushed every button and checked the lens socket connectors to see if anything looked strange - everything seems ok here. Tested the same batteries on another D70 and worked perfect just this morning.
It has taken no shocks or beating. It's a brand new D70 (6 months and a few days) and my retailer denies me warranty after 6 months - Murphy's Law applied to warranties says your equipment will break exactly after the warranty voids. I feel like I've been ripped off buying a refurbished piece for the price of a new one...but that's for another discussion.
I've written Nikon a few minutes ago but in the meantime I'd like to know if anyone here knows of a "keylock" switch or something that could disallow me access to the camera. Or could be a stuck reset switch or something like that. The menu shows and the internal mechanism is ok because it can read the last photo and displays readable stuff. The reset on the bottom of the camera does not seem ot reset anything, it just blanks the screen out briefly but then it goes back into an infinite reboot loop.
Help please!
Thanks and glad to join this forum.
tnite
08-03 11:40 PM
I received a NOID (Notice Of Intent Deny) from USCIS.
Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.
I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.
When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.
Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
Did anyone faced a similar situation like mine?
It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.
Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.
I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.
When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.
Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
Did anyone faced a similar situation like mine?
It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.
more...
bidhanc
05-11 12:50 PM
Hi,
I called npr at the "media relations" number and spoke to a Representative.
He gave me the TALK number as mentioned above.
Bidhan
I called npr at the "media relations" number and spoke to a Representative.
He gave me the TALK number as mentioned above.
Bidhan
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rkat
08-16 04:39 PM
Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Thanks..!
Thanks..!
more...
krishna_brc
03-25 08:12 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
Thanks.
You should be fine as long as your W2's are higher than what is specified in H1 LCA.
You GC Labor Wages are for furure job.
Thanks,
Krishna
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
Thanks.
You should be fine as long as your W2's are higher than what is specified in H1 LCA.
You GC Labor Wages are for furure job.
Thanks,
Krishna
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black_logs
10-27 11:06 AM
Yes they keep the originals and send it back with your passport, atleast they did in my case. I went to consulate in N. Delhi
My wife went for H4 visa stamping in New Delhi embassy ...
My wife went for H4 visa stamping in New Delhi embassy ...
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english_august
09-10 07:40 AM
Please use expedited shipping to place your orders before 12 PM EST on Monday.
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uma77
10-17 09:12 PM
thank you duttasurajit for the link.
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glus
04-17 07:37 AM
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
Thanks
The answer is NO.
Thanks
The answer is NO.
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logiclife
08-02 02:20 PM
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am Immigration Lawyer.Better Talk to the Attorney.
You probably meant to say that you are NOT an immigration lawyer. Correct?
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am Immigration Lawyer.Better Talk to the Attorney.
You probably meant to say that you are NOT an immigration lawyer. Correct?
more...
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radhagd
03-14 09:36 AM
I have tried this and I got my application returned. I know one more person in this forum has tried and was not successful.
I think that EB3 has to be approved(not just applied) before EB2 approval
Yes EB3 140 has to be approved and file Eb2 140 by attaching EB3 approval notice. I did it in same way and got EB2 140 approved with Eb3 PD on it.
I think that EB3 has to be approved(not just applied) before EB2 approval
Yes EB3 140 has to be approved and file Eb2 140 by attaching EB3 approval notice. I did it in same way and got EB2 140 approved with Eb3 PD on it.
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prinive
03-27 12:26 PM
Thanks Buddy...
Any one else ...
I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?
My Receipt ID: 54118296K6578915K
Any one else ...
I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?
My Receipt ID: 54118296K6578915K
more...
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pkv
02-07 05:04 PM
97 views... and no response..
has nobody filed EAD by self and after filing I-485???
has nobody filed EAD by self and after filing I-485???
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desighee
07-30 12:45 PM
Ab Toh Hai Tumse Har Khushi Apni, Tum Pe Marna Hai Zindagi Apni
Audio: YouTube - Ab toh hai tumse har khushi apni (Lata) (http://www.youtube.com/watch?v=KePFNABd97w)
Video: YouTube - Ab Toh Hai Tumse - Amitabh Bachchan & Jaya Bhaduri - Abhimaan (http://www.youtube.com/watch?v=_Pf1Hp4P5gU)
Inteha Ho gayi Intezaar ki (Sharaabi)
YouTube - Inteha Ho gayi Intezaar ki (Sharaabi) (http://www.youtube.com/watch?v=qHR8WiH7kPM)
Hum Intezaar Karenge - Meena Kumari & Pradeep Kumar
YouTube - Hum Intezaar Karenge - Meena Kumari & Pradeep Kumar - Bahu Begum (http://www.youtube.com/watch?v=Eb6-WOOVJ64)
Audio: YouTube - Ab toh hai tumse har khushi apni (Lata) (http://www.youtube.com/watch?v=KePFNABd97w)
Video: YouTube - Ab Toh Hai Tumse - Amitabh Bachchan & Jaya Bhaduri - Abhimaan (http://www.youtube.com/watch?v=_Pf1Hp4P5gU)
Inteha Ho gayi Intezaar ki (Sharaabi)
YouTube - Inteha Ho gayi Intezaar ki (Sharaabi) (http://www.youtube.com/watch?v=qHR8WiH7kPM)
Hum Intezaar Karenge - Meena Kumari & Pradeep Kumar
YouTube - Hum Intezaar Karenge - Meena Kumari & Pradeep Kumar - Bahu Begum (http://www.youtube.com/watch?v=Eb6-WOOVJ64)
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Akia
03-24 11:00 AM
It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
a_yaja
07-18 11:02 AM
what is your country of birth? I know dates never went current to sep'08 for india...
His priority date was May 2004 - not Sept. 2008. He kept his original priority date.
His priority date was May 2004 - not Sept. 2008. He kept his original priority date.
justsomeguy
08-21 10:41 PM
you said you waited 5 years... i says what's another 3-5 months :)
hang in there...3-5 months will fly by... heck 2008 is almost over!
... at least wait until the october bulletin is out... that may give you a better idea whether you want to use ac 21 or not
what ever you end up doing - good luck!
hang in there...3-5 months will fly by... heck 2008 is almost over!
... at least wait until the october bulletin is out... that may give you a better idea whether you want to use ac 21 or not
what ever you end up doing - good luck!
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