sundarpn
07-19 11:10 PM
have the same q. I was told not to change till EAD comes. But with this flood gate open that could take long.
I don't want to be stuck to the same apartment!! This 495/GC crap is affecting even basic decisions!
I don't want to be stuck to the same apartment!! This 495/GC crap is affecting even basic decisions!
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yabadaba
06-18 12:46 PM
factory man:
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
peer123
04-17 09:35 AM
In case of NOC codes you can only try to make sure you have same / similar duties , In case of parent labor you can see your Job code but not the new one. This is what i think , try to make justification on Job duties ...
my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.
my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.
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deecha
08-06 10:35 AM
I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
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webm
05-29 03:47 PM
I didn't file G-28 form since I was filing myself. Isn't G-28 only required if some one else is representing you?
I've got the receipt notices for EAD as well. Will see what happens next.
In this case you don't need G-28.
I've got the receipt notices for EAD as well. Will see what happens next.
In this case you don't need G-28.
kshitijnt
04-18 06:55 PM
Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number
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pappu
04-08 12:03 PM
Please add your details in IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
and we can see the total cases in EB3
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
and we can see the total cases in EB3
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purgan
02-11 10:39 PM
I signed as well.
I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.
I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.
I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.
I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.
more...
indianabacklog
12-04 08:56 PM
If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.
the third rule on the first thread.
One week is not going to be an issue. Even green card holders are allowed vacations out of the US you are not expected to remain here 100% of the time.
the third rule on the first thread.
One week is not going to be an issue. Even green card holders are allowed vacations out of the US you are not expected to remain here 100% of the time.
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franklin
02-09 10:48 AM
In light of recent efforts to find out how each and every one of us can help our cause, I'm starting this thread to find specific things we can do to help.
Place trust in your core team. They are working on things that we can not know about.
But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?
* Remain positive and focused.
Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.
Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me
* Thinking outside the box
Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.
* Response
Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.
The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.
You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.
Lets pull together on this.
FWIW
I'm EB3 - ROW
Place trust in your core team. They are working on things that we can not know about.
But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?
* Remain positive and focused.
Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.
Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me
* Thinking outside the box
Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.
* Response
Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.
The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.
You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.
Lets pull together on this.
FWIW
I'm EB3 - ROW
more...
luvschocolates
07-02 01:41 PM
I just spoke to a service representative at USCIS in Jacksonville, Florida, and he explained that the I-797 cancellation notice will be identical to the original we received, except that it will say "Appointment Cancelled- No need to appear at ASC".
I explained that I already knew that but I was confused that my notice stated right below "cancelled" that I was to appear anyway.
He said that this is how they do it, but the appointment is definitely cancelled and we should receive reschedule notices in the next 2-4 weeks. I explained that I could not afford to miss this appointment so I needed to be 100% sure that it was cancelled instead of just assuming I didn't need to go.
He said due to a system error all appointments from July 5-10 were cancelled and would be rescheduled. He was very reassuring that those of us who received the cancellation notice were not going to run into problems because of all the confusion.
So I guess we sit back and wait some more huh?
I just thought I should share that info since I know there are quite a few here who are in the same situation and since our future depends on this it's not worth missing anything.
Hope that helps some! Happy 4th everyone!:o
I explained that I already knew that but I was confused that my notice stated right below "cancelled" that I was to appear anyway.
He said that this is how they do it, but the appointment is definitely cancelled and we should receive reschedule notices in the next 2-4 weeks. I explained that I could not afford to miss this appointment so I needed to be 100% sure that it was cancelled instead of just assuming I didn't need to go.
He said due to a system error all appointments from July 5-10 were cancelled and would be rescheduled. He was very reassuring that those of us who received the cancellation notice were not going to run into problems because of all the confusion.
So I guess we sit back and wait some more huh?
I just thought I should share that info since I know there are quite a few here who are in the same situation and since our future depends on this it's not worth missing anything.
Hope that helps some! Happy 4th everyone!:o
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wandmaker
11-05 10:43 AM
......
I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.
You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
...
If you have already filed Form I-129, and you wish to requestPremium Processing Service, file Form I-907 with the ServiceCenter where Form I-129 is pending. Include a copy of FormI-797, Notice of Action, or a copy of the transfer notice, ifapplicable, showing the location of the relating petition. Toensure that Form I-907 is matched up with the pending FormI-129, you must completely answer Questions 1 through 5 inPart 2 of Form I-907. If this information is not provided, theForm I-907 will be rejected. The Premium Processingaddresses for each service center that handles Form I-129 islisted in the Form I-129 filing chart
...
I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.
You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
...
If you have already filed Form I-129, and you wish to requestPremium Processing Service, file Form I-907 with the ServiceCenter where Form I-129 is pending. Include a copy of FormI-797, Notice of Action, or a copy of the transfer notice, ifapplicable, showing the location of the relating petition. Toensure that Form I-907 is matched up with the pending FormI-129, you must completely answer Questions 1 through 5 inPart 2 of Form I-907. If this information is not provided, theForm I-907 will be rejected. The Premium Processingaddresses for each service center that handles Form I-129 islisted in the Form I-129 filing chart
...
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abhishek101
05-21 12:42 AM
Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
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matreen
07-11 01:02 AM
I see dark every where for EB3 until we do something there is no hope guys.....
This is really suc...............
This is really suc...............
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rvr_jcop
02-17 09:46 PM
You did your GC for future employement and never worked for them. Now you want to use AC21. Do you think this as a fraud. You will get into trouble sooner or later.
I agree with snathan.
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
I agree with snathan.
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
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LongJourny
01-20 06:10 PM
Hi,
I was working for a company A and filed for h1 transfer through company b. I was able to transfer successfully. However, Company A realised that some how and fired me immediately. because of this I had to leave this company A before even I start working for Company B. As an Example, Company A termininated by job on august 23 rd and I started workin for the company B from August 31. I have filed, h1 transfer, while working for Company A and got approved.
I have been working for company for over a period of 3 years, got stamped once after wards, and also renewed my H1. Now I needs to get it stamped. I need to mention my previous employment history with dates along with employment letters in DS-156 form. Now I am afraid if they might reject my visa. Can you please help me understand my situation and offer any suggestion. thanks in advance
I was working for a company A and filed for h1 transfer through company b. I was able to transfer successfully. However, Company A realised that some how and fired me immediately. because of this I had to leave this company A before even I start working for Company B. As an Example, Company A termininated by job on august 23 rd and I started workin for the company B from August 31. I have filed, h1 transfer, while working for Company A and got approved.
I have been working for company for over a period of 3 years, got stamped once after wards, and also renewed my H1. Now I needs to get it stamped. I need to mention my previous employment history with dates along with employment letters in DS-156 form. Now I am afraid if they might reject my visa. Can you please help me understand my situation and offer any suggestion. thanks in advance
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sreeanne
02-04 05:30 PM
Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.
I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.
Do we need to report the same if kid has india visa for 10years?
I am not sure how far this is true? Can anyone guide on this.
~Sree
I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.
Do we need to report the same if kid has india visa for 10years?
I am not sure how far this is true? Can anyone guide on this.
~Sree
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a_yaja
10-08 04:20 PM
I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.
Right now who is my employer Company A or B or none of the above?.
Your question is not clear. Your employer is whoever you are employed with right now. If you are not employed with either company A or company B, then neither is your employer.
Right now who is my employer Company A or B or none of the above?.
Your question is not clear. Your employer is whoever you are employed with right now. If you are not employed with either company A or company B, then neither is your employer.
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ilikekilo
05-27 12:22 PM
When did they say they have repealed AC21? Is this true?
Regarding (6) above, it is not 10K, more like 5K.
form immigrationlaw.com
Final Version of Sanders' Amendment of H-1B Supplemental Fee and American Student Scholarship Fund as Passed
The controversial Sanders' amendment initially was passed in the Senate last week which imposes $3,500 (or $1,750) for a supplemental fee for the American Student Scholarship Fund. The supplemental fee is added to the current fees that include $1,500 (or $750) ACWIA fee, $500 fraud prevention fee, and $190 H-1B petition (which will in itself increase substantially when the fee increase regulation is implemented). Go figure! The text of the final amendment is as follows:
SEC. 713. SUPPLEMENTAL FEES.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:``(15)(A) In each instance where the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee pursuant to paragraph (9) or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall impose a supplemental fee on the employer in addition to any other fee required by such paragraph or any other provision of law, in the amount determined under subparagraph (B).
``(B) The amount of the supplemental fee shall be $3,500, except that the fee shall be 1/2 that amount for any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(x).''
Initially it was proposed to charge $10,000!!!
Regarding (6) above, it is not 10K, more like 5K.
form immigrationlaw.com
Final Version of Sanders' Amendment of H-1B Supplemental Fee and American Student Scholarship Fund as Passed
The controversial Sanders' amendment initially was passed in the Senate last week which imposes $3,500 (or $1,750) for a supplemental fee for the American Student Scholarship Fund. The supplemental fee is added to the current fees that include $1,500 (or $750) ACWIA fee, $500 fraud prevention fee, and $190 H-1B petition (which will in itself increase substantially when the fee increase regulation is implemented). Go figure! The text of the final amendment is as follows:
SEC. 713. SUPPLEMENTAL FEES.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:``(15)(A) In each instance where the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee pursuant to paragraph (9) or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall impose a supplemental fee on the employer in addition to any other fee required by such paragraph or any other provision of law, in the amount determined under subparagraph (B).
``(B) The amount of the supplemental fee shall be $3,500, except that the fee shall be 1/2 that amount for any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(x).''
Initially it was proposed to charge $10,000!!!
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.
goel_ar
01-17 09:12 AM
Hi All,
My situation finally got resolved. Just wanted to share with everyone --
1. If you don't travel after Oct 1, 2008 & have I-94 with effective date of October Ist 2008 - your status is as per I-94 effective October Ist , 2008. Last Action rule does NOT apply here. We confirmed it with different attorneys, USCIS, Immigration officer, CBP officer. So "texcan" & "astral1977" are wrong in their interpretation.
System should have updated on OCtober Ist, 2008 with H1 status; DHS, USCIS, CBP departments told us that Vermont center didn't do something right in updating the system when issued you H1 notice.
Btw, CBP officer at airport (Department of corrections ) verified that my wife's H4, I-94 (received Sep 10, 2008) is active in system & it should have been de-activated on oct, ist 2008 with h1, I-94.
2. Regarding SSN - We reapplied for SSN & asked SSN office to send the G-845 form manually to DHS. Then after spending 40-50 hours with NSC on phone with multiple calls, we found that there is a phone number , which SSN office can call to check the status of G-845 request with DHS department.
Number is :- 1-888-464-4218.
Normally SSN office should call - but in my wife's case, my wife called herself & after being transferred to 2nd tier, officer was helpful & told that verification has been sent to SSN on Jan 2. Visited SSN office a week after that and got my wife's SSN #.
If you need any more assistance, please feel free to PM me or send me an email to goel_ar@no-spam.yahoo.com.
Thanks,
AG
My situation finally got resolved. Just wanted to share with everyone --
1. If you don't travel after Oct 1, 2008 & have I-94 with effective date of October Ist 2008 - your status is as per I-94 effective October Ist , 2008. Last Action rule does NOT apply here. We confirmed it with different attorneys, USCIS, Immigration officer, CBP officer. So "texcan" & "astral1977" are wrong in their interpretation.
System should have updated on OCtober Ist, 2008 with H1 status; DHS, USCIS, CBP departments told us that Vermont center didn't do something right in updating the system when issued you H1 notice.
Btw, CBP officer at airport (Department of corrections ) verified that my wife's H4, I-94 (received Sep 10, 2008) is active in system & it should have been de-activated on oct, ist 2008 with h1, I-94.
2. Regarding SSN - We reapplied for SSN & asked SSN office to send the G-845 form manually to DHS. Then after spending 40-50 hours with NSC on phone with multiple calls, we found that there is a phone number , which SSN office can call to check the status of G-845 request with DHS department.
Number is :- 1-888-464-4218.
Normally SSN office should call - but in my wife's case, my wife called herself & after being transferred to 2nd tier, officer was helpful & told that verification has been sent to SSN on Jan 2. Visited SSN office a week after that and got my wife's SSN #.
If you need any more assistance, please feel free to PM me or send me an email to goel_ar@no-spam.yahoo.com.
Thanks,
AG
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