H1B2GC
10-02 06:24 PM
USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.
Try calling them to know about your RFE; you might get lucky!
Try calling them to know about your RFE; you might get lucky!
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needGCcool
08-08 06:56 PM
I also have receipt numbers beginning with WAC and filed in NSC. I was able to open a SR last month for self and spouse. During my infopass apt, the IO suggested that I could also open a SR by calling USCIS if I believe my case is not being processed within their window.
seebi
03-14 01:10 AM
http://www.murthy.com/mb_pdf/030609_P.html
See under Improper Denials of I-485 AOS on Priority Date Issue
I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.
See under Improper Denials of I-485 AOS on Priority Date Issue
I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.
2011 and a wonderful; world map
eb2dec2005
12-04 03:36 PM
Yes, Iam in the same boat too.
My I485 has been moved from NSC-CSC-NSC. No updates nothing at all.
I had to call and let them know that i had done my Biomterics in Dec 2007.
And also i was one of those unfortunate people , whose application was not approved , inspite of the dates being current for 2 months.
EB2 - Dec 2005
I140 approved - Oct 2006
My I485 has been moved from NSC-CSC-NSC. No updates nothing at all.
I had to call and let them know that i had done my Biomterics in Dec 2007.
And also i was one of those unfortunate people , whose application was not approved , inspite of the dates being current for 2 months.
EB2 - Dec 2005
I140 approved - Oct 2006
more...
swati2309
06-20 03:53 PM
Our fellow marchers,
The two of us, here in LA, are trying to hear as many stories as possible and get all the information to write our script. The more compelling the stories, the more powerful this documentary can be.
This is a collective voice and we are all in this together. Think of this as our chance to make this voice heard. All of us who are part of this struggle are giving our best in creating world-class software, products & services. But most of all, we are providing some of the best years of our life to this adopted homeland of ours. In return, we are living our life in a holding pattern instead of realizing our potential to the fullest.
Please do come forward and share your stories with us. People who are not in LA can still be a part of this, email us your stories. We will figure out a way to weave you in If you wish to stay anonymous, let us know and we will not mention your names, we just want to understand your life stories.
The broader our understanding of the issues that all of us are facing, the stronger the script would come out to be.
Bring your unique gift to this voice and help us make a change for all of us.
You can email Jwalant at jay@immigrationvoice.org or us at weTheVoice@gmail.com
Thanks
Aradhana & Swati
The two of us, here in LA, are trying to hear as many stories as possible and get all the information to write our script. The more compelling the stories, the more powerful this documentary can be.
This is a collective voice and we are all in this together. Think of this as our chance to make this voice heard. All of us who are part of this struggle are giving our best in creating world-class software, products & services. But most of all, we are providing some of the best years of our life to this adopted homeland of ours. In return, we are living our life in a holding pattern instead of realizing our potential to the fullest.
Please do come forward and share your stories with us. People who are not in LA can still be a part of this, email us your stories. We will figure out a way to weave you in If you wish to stay anonymous, let us know and we will not mention your names, we just want to understand your life stories.
The broader our understanding of the issues that all of us are facing, the stronger the script would come out to be.
Bring your unique gift to this voice and help us make a change for all of us.
You can email Jwalant at jay@immigrationvoice.org or us at weTheVoice@gmail.com
Thanks
Aradhana & Swati
chandrajp
04-28 09:35 AM
You cannot change employer unfortunately with just I-140 approved. You need to apply for I-485, be with the current employer for 180 days and then you are eligible
more...
nitkad
04-15 01:17 PM
This tax issue does not seem like part of "All other Green Card Issues" under which it is started.
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me_myself
12-19 05:15 PM
suavesandeep, thanks a lot for confirming.
more...
yabadaba
05-22 08:24 AM
Its time that "part time" members who dont care about the immigration voice on a daily basis at least make an effort to read the front page.
"Immigration Voice has hired Patton Boggs, a top public affairs firm, to help us reach our goals. Patton Boggs brings a bipartisan, multi-disciplinary approach to helping clients tackle public affairs challenges. The firm’s government relations and communications professionals have a strong understanding of the White House, the U.S. Congress, Senate, Federal agencies, advocacy groups and the media. The firm and its members are consistently recognized as among Washington's most influential and effective by various publications. "
"Immigration Voice has hired Patton Boggs, a top public affairs firm, to help us reach our goals. Patton Boggs brings a bipartisan, multi-disciplinary approach to helping clients tackle public affairs challenges. The firm’s government relations and communications professionals have a strong understanding of the White House, the U.S. Congress, Senate, Federal agencies, advocacy groups and the media. The firm and its members are consistently recognized as among Washington's most influential and effective by various publications. "
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pmgthj
03-13 09:53 PM
Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
more...
thomachan72
10-15 03:44 PM
sshrika:
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.
Best wishes
Mattresscoil!!
So if he initiates H1b transfer but as you said waits with the current employer and if his transfer gets denied will that affect his current H1b?? or is he safe to continue with the current employer?
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.
Best wishes
Mattresscoil!!
So if he initiates H1b transfer but as you said waits with the current employer and if his transfer gets denied will that affect his current H1b?? or is he safe to continue with the current employer?
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rick_rajvanshi
03-20 03:55 PM
USCIS Announces New Requirements for Hiring H-1B Foreign Workers
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
more...
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subhasree
11-14 11:29 AM
Hi all,
This forum really helped me to think in right direction. I have same situation now. I have valid H1b ( starting Oct 1st 2007) and got EAD and AP. I did not start working yet. If I withdraw my H1b will it effect my AOS? I am a secondary applicant. My husband is still maintaining H1 status. Please advice.
Your reply will surely bring peace of mind to me.
Thanks
This forum really helped me to think in right direction. I have same situation now. I have valid H1b ( starting Oct 1st 2007) and got EAD and AP. I did not start working yet. If I withdraw my H1b will it effect my AOS? I am a secondary applicant. My husband is still maintaining H1 status. Please advice.
Your reply will surely bring peace of mind to me.
Thanks
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leoindiano
04-04 04:56 PM
Sunil,
I also have 2 A numbers. I believe that is ok as per USCIS FAQ released sometime back. It said they had to release a new A number on i-485 apps coz they wanted process them quickly with too many apps coming at once, they didnt had time to match them.
In your h1b renewal, take an expert attorney's suggestion.
I also have 2 A numbers. I believe that is ok as per USCIS FAQ released sometime back. It said they had to release a new A number on i-485 apps coz they wanted process them quickly with too many apps coming at once, they didnt had time to match them.
In your h1b renewal, take an expert attorney's suggestion.
more...
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Digitalosophy
11-02 04:17 PM
No hard feelings. I just really need to get back on my feet, since I am relatively busy I just got my own place, and I really need an idea to set me in motion. I am not a spontaneous artist in any sense at all.
There are many members here, who are looking to get better and get some experience just like you. Maybe you can team up with someone, and do some cool projects to build a portfolio, etc.
Also you should make yourself a website displaying your work that you have now.
:thumb:
There are many members here, who are looking to get better and get some experience just like you. Maybe you can team up with someone, and do some cool projects to build a portfolio, etc.
Also you should make yourself a website displaying your work that you have now.
:thumb:
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bestofall
03-24 10:41 AM
Rights and Responsibilities of H-1B Holders
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
more...
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singhsa3
10-30 09:30 AM
I think as long as they are not screwing us (EB community) in this bill, it is fine with me. As a matter of fact, I think this bill is important from security stand point also.
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
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me_myself
12-17 08:31 AM
My company didn't cancel my H1 as they wanted to be in India for a year and return to US. I am still working for the same company that got me the H1.
I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.
Thanks.
I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.
Thanks.
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Berkeleybee
03-27 02:36 PM
Our Hard Quota Memo (in our Resources section) is now posted on the widely read Bender's Immigration Bulletin http://bibdaily.com/index.cgi
Before we created this memo, this fact was not widely known and we are doing our best to get the word out.
best,
Berkeleybee
Before we created this memo, this fact was not widely known and we are doing our best to get the word out.
best,
Berkeleybee
tb2904
03-26 04:49 PM
Wow ! We are in wrong field :)
These folks are most likely doctors...doctors salaries are in that range.
These folks are most likely doctors...doctors salaries are in that range.
snhn
02-16 11:40 AM
at the interview for my mothers. the lady said, FBI finger print check is different then name check.. People get stuck in name check because they may have a common name. So for example one with a very common name and a long one, will be stuck in name check for a while. Name check is done the country where you are from. FBI request that from the native country. I know lots of Inidan who have long names, have been stuck for a year to 2. Same token Muslims with names like Mohammed, will be stuck for years.
also there is luck there too. She said something in regards to that new application which are filed recentlly dont take that long. Usually most 6 monts. Who know, all I know my mother is 60 years old, and she was told at the interview that her name is stukc in name check..
Go figure....
also there is luck there too. She said something in regards to that new application which are filed recentlly dont take that long. Usually most 6 monts. Who know, all I know my mother is 60 years old, and she was told at the interview that her name is stukc in name check..
Go figure....
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