sp99
08-18 02:38 PM
And for contract yes they have 1 year contract though they didn't send me any documentation for that ...but it is like if u break within 1 year u will need to pay $20 for the remaining months..they say they will cut from my credit card everymonth...
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Junky
10-28 08:02 AM
Happy diwali to every one.
May the festival of lights fill your hearts with hope, peace and serenity
May the festival of lights fill your hearts with hope, peace and serenity
atlfp
04-08 03:22 PM
Legal immigration IS all about competitiveness. Why there is an EB based immigration category at all? It's primary because they want to be able retain talent. As such, one of the strong argument for the current EB situation will be that if they do not do it, this country's competitiveness edge will diminish. This is the truth and I think most law maker is able to understand that.
remember that PACE bill is not primarily about legal immigration .. it is about US S&T competitiveness .. what is to say that the anti-immigration guys wont make the pitch that immigration issues should be kept out of such a bill, as they did with S1932 ? Agreed PACE act in its current form is favorable to us, but there is no gaurantee all our provisions will go through unopposed ... rest assured the likes of numbersUSA are as busy as we are.
remember that PACE bill is not primarily about legal immigration .. it is about US S&T competitiveness .. what is to say that the anti-immigration guys wont make the pitch that immigration issues should be kept out of such a bill, as they did with S1932 ? Agreed PACE act in its current form is favorable to us, but there is no gaurantee all our provisions will go through unopposed ... rest assured the likes of numbersUSA are as busy as we are.
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bobby
04-03 02:18 PM
see answers in CAPS:
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140? NO MY H1B HAD BEEN EXTENDED FOR 1 YEAR AS I HAD ALREADY COMPLETED SIX YEARS BUT DID NOT HAVE AN APPROVED LABOR CERTIFICATION OR I-140 YET
2. Did you apply for 3 year H1-b extension even though your passport was not renewed? YES IN EARLY JAN 07
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp? NO, "OLD" PASSPORT HAS VISA STAMPS FROM FIRST SIX YEARS ON H1B
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years? PENDING CASE NOT APPROVED YET. USCIS WORKING ON RECEIPT DATES OF 1/13 AND MY RECEIPT DATE IS 1/26
WHEN YOU RECEIVE YOUR EXTENSION APPROVAL A NEW I-94 IS ATTACHED TO THE EXTENSION NOTICE AS IN THE CASE WITH PREVIOUS RENEWALS/EXTENSIONS
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140? NO MY H1B HAD BEEN EXTENDED FOR 1 YEAR AS I HAD ALREADY COMPLETED SIX YEARS BUT DID NOT HAVE AN APPROVED LABOR CERTIFICATION OR I-140 YET
2. Did you apply for 3 year H1-b extension even though your passport was not renewed? YES IN EARLY JAN 07
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp? NO, "OLD" PASSPORT HAS VISA STAMPS FROM FIRST SIX YEARS ON H1B
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years? PENDING CASE NOT APPROVED YET. USCIS WORKING ON RECEIPT DATES OF 1/13 AND MY RECEIPT DATE IS 1/26
WHEN YOU RECEIVE YOUR EXTENSION APPROVAL A NEW I-94 IS ATTACHED TO THE EXTENSION NOTICE AS IN THE CASE WITH PREVIOUS RENEWALS/EXTENSIONS
more...
styrum
10-30 03:20 PM
I tried to post a couple of times and they are not getting posted. Does the comments need to be reviewed by some one before they get posted? Is it instantaneous?
They are not instantaneous. Mine showed up in an hour for sure.
They are not instantaneous. Mine showed up in an hour for sure.
watzgc
03-05 06:31 PM
Please help me out with my question.
My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.
I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp
"H-1B
May-22-2007
(validity of ppt)"
i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?
much appreciated
thanks,
smads
1. you have renew ur passport
2.file for extension quickly
one of my friend was in same situation and he did the same thing.
My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.
I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp
"H-1B
May-22-2007
(validity of ppt)"
i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?
much appreciated
thanks,
smads
1. you have renew ur passport
2.file for extension quickly
one of my friend was in same situation and he did the same thing.
more...
gc_rip
07-05 09:20 AM
Hi,
I am frustrated because been in US for more than 10 years, but still don't have GC. With my current PD (Feb 05, EB3-India) expected to the GC by Oct 2023.
My GC sponsor company also holds my H1B, and applied for 10th year extension just now.
I have an offer from a Company but for India operations. The position is in India, and salary will be paid in Indian Rupees. Is there a way I can continue my GC process?
I am not sure if I can travel every year to renew my Advanced Parole (I131). Can I transfer my H1B to the parent US company, and join as an employee for Indian subsidiary? And for the business reasons only travel using the H1B stamp for the US company?
Please let me know all the possible solutions. It's very hard to abandon the GC process after a decade of wait. At the same time it is impossible for me to keep waiting for another 12 years for the GC while the kids are growing fast, and already resisting the idea of going to India. I want to avoid the forceful exit from USA in future.
Appreciate all your helpful ideas.
Thanks,
I am frustrated because been in US for more than 10 years, but still don't have GC. With my current PD (Feb 05, EB3-India) expected to the GC by Oct 2023.
My GC sponsor company also holds my H1B, and applied for 10th year extension just now.
I have an offer from a Company but for India operations. The position is in India, and salary will be paid in Indian Rupees. Is there a way I can continue my GC process?
I am not sure if I can travel every year to renew my Advanced Parole (I131). Can I transfer my H1B to the parent US company, and join as an employee for Indian subsidiary? And for the business reasons only travel using the H1B stamp for the US company?
Please let me know all the possible solutions. It's very hard to abandon the GC process after a decade of wait. At the same time it is impossible for me to keep waiting for another 12 years for the GC while the kids are growing fast, and already resisting the idea of going to India. I want to avoid the forceful exit from USA in future.
Appreciate all your helpful ideas.
Thanks,
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humdesi
12-13 09:35 AM
This is the United States. They have rules here (except immigration). If they don't pay you, complain to DOL wage and hour division, and watch the fun..
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
more...
chanduv23
07-05 07:20 AM
Senthil1 - behaves like an anti immigrant sitting in this forum. Though at times he gets things right and in perspective, most times he is always supportive of the other side - with no logic or reasoning.
Senthil - do you get paid by numbersusa etc// :D :D :D :D
Does USCIS promise u fast citizenship if you do this???:D :D :D :D
Senthil - do you get paid by numbersusa etc// :D :D :D :D
Does USCIS promise u fast citizenship if you do this???:D :D :D :D
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Sachin_Stock
08-24 12:35 PM
Hey man, thats cool that at least they asked you some questions, or RFE. Some movement in ur case, somewhere!!
I am Eb3 with PD Jan 2004 and I am totally in dark :(
I am Eb3 with PD Jan 2004 and I am totally in dark :(
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tabletpc
05-28 02:31 PM
Thanks guys...some kind of relief ...!!!!
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dpp
06-28 02:52 PM
Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right
Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.
Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.
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txh1b
08-27 10:35 PM
Unless there was clear USCIS error, No refunds. Details below.
DHS | USCIS Refunds: How is the Process Working for You?: Questions from CIS Ombudsman's Teleconference on January 31, 2008 (http://www.dhs.gov/xabout/structure/gc_1226610826777.shtm)
6. EAD Application, Green Card – A caller filed for a replacement work authorization card. The next month the caller received a green card approval letter. The work authorization application was never adjudicated, but USCIS did not return the fee. How can this applicant get a refund?
•USCIS Response on April 30, 2008: The applicant will not be entitled to a refund. When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary's eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application.
The implementation of the new fee schedule, effective July 30, 2007, prevents situations like this from happening. If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, then no fee is required to file a request for employment authorization on Form I-765.
DHS | USCIS Refunds: How is the Process Working for You?: Questions from CIS Ombudsman's Teleconference on January 31, 2008 (http://www.dhs.gov/xabout/structure/gc_1226610826777.shtm)
6. EAD Application, Green Card – A caller filed for a replacement work authorization card. The next month the caller received a green card approval letter. The work authorization application was never adjudicated, but USCIS did not return the fee. How can this applicant get a refund?
•USCIS Response on April 30, 2008: The applicant will not be entitled to a refund. When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary's eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application.
The implementation of the new fee schedule, effective July 30, 2007, prevents situations like this from happening. If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, then no fee is required to file a request for employment authorization on Form I-765.
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chyoji
08-31 07:49 PM
I am a July - 2007 filer and and got the FP request in on 8/28 for me and not for my Spouse.
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sandiboy
08-20 09:01 PM
Received FP Notice in mail today
485 RD: Jul 2 2007
485 ND: Aug 7 2007
FP ND : Aug 14 2007
FP Date: Aug 28 2007
485 RD: Jul 2 2007
485 ND: Aug 7 2007
FP ND : Aug 14 2007
FP Date: Aug 28 2007
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doctor
01-26 04:10 PM
Thank you so much for your responses so far, it is a good starting point for us.
[QUOTE=ryan;2280334]Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why ..QUOTE]
Ryan, As I mentioned it is not about us (parents). We either ignore it or dont come across it openly. I have been out of india for long time now but never had to consider this before. It is different for children and playgrounds, it is not about missing india. Maybe you dont have small children or if you do please let me know the different cities you have lived so far and I will appreciate it.
Thanks
[QUOTE=ryan;2280334]Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why ..QUOTE]
Ryan, As I mentioned it is not about us (parents). We either ignore it or dont come across it openly. I have been out of india for long time now but never had to consider this before. It is different for children and playgrounds, it is not about missing india. Maybe you dont have small children or if you do please let me know the different cities you have lived so far and I will appreciate it.
Thanks
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goel_ar
11-18 02:21 PM
Hi All,
My wife's H1B petition was approved in June 2008 with H1B valid from Oct 01, 2008. She applied for SSN on October Ist - But till date, Nov 18, 2008, SSN office is saying they are not able to pull her information from INS.
SSN office is keep saying come back after Dec 31st(12 weeks from October Ist). On the other hand, employer wants her to start working asap; she can't start until she gets a SSN.
Any suggestions, if there is anyway to follow up or expedite the process to get SSN?
Thanks in advance,
AG
My wife's H1B petition was approved in June 2008 with H1B valid from Oct 01, 2008. She applied for SSN on October Ist - But till date, Nov 18, 2008, SSN office is saying they are not able to pull her information from INS.
SSN office is keep saying come back after Dec 31st(12 weeks from October Ist). On the other hand, employer wants her to start working asap; she can't start until she gets a SSN.
Any suggestions, if there is anyway to follow up or expedite the process to get SSN?
Thanks in advance,
AG
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deecha
02-26 02:28 PM
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
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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.
breddy2000
01-04 01:13 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
rajenk
02-08 12:49 AM
Advance Parole. You are not alone. :)
Thanks, I got it. I even looked up on USCIS e-file page. E-file is the way to go...:)
Thanks, I got it. I even looked up on USCIS e-file page. E-file is the way to go...:)
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