508F11863B7560C.jpg "love quotes punjabi best")
probe
08-08 08:58 AM
Thanks gc_kaavaali for the information. Do we have a official document that one can produce and convince emplyer ?
Thanks again
Thanks again
me_myself
12-16 06:58 AM
I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
hindu_king
11-11 12:37 PM
My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?
gvenkat
10-12 05:54 PM
I will say this time and again. It's a piece of plastic card and until USCIS realises that we are stuck here.
It's beyond belief that they cannot process all applications by labor date filed. That would easily eliminate all the waiting for Eb-3 India
Again Eb-3 India is a minscule amount compared to any category, everyone including Eb-2 India get it in an average 5 years time. Until unless we have some practical solutions from law-makers nothing is going to happen.
If we have EAD and AP I think thats like a temporary GC and we should just enjoy whatever we want to do.Atleast these guys can give us a single document for EAD and AP for maybe 2 years.
It's beyond belief that they cannot process all applications by labor date filed. That would easily eliminate all the waiting for Eb-3 India
Again Eb-3 India is a minscule amount compared to any category, everyone including Eb-2 India get it in an average 5 years time. Until unless we have some practical solutions from law-makers nothing is going to happen.
If we have EAD and AP I think thats like a temporary GC and we should just enjoy whatever we want to do.Atleast these guys can give us a single document for EAD and AP for maybe 2 years.
more...
purplehazea
05-31 06:14 PM
I'm not trying to give you cause for concern, so please don't take my posting out of context.
Good luck and future success!!
Of course you are!
Good luck and future success!!
Of course you are!
imh1b
02-25 10:47 AM
Guys,
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
more...
same_old_guy
06-20 08:28 PM
I did it few months back for my wife from CGI SFO. You should be fine. There ia one thing though. The I-693 medical exam needs your wife's passport number. You could do that only after you receive the new passport. May cause some delay.
vasa
07-13 11:55 PM
done, it shows 2038 signatures now...
keep doing this folks.. we need a multi-pronged approach...
let there be "shock and awe"
keep doing this folks.. we need a multi-pronged approach...
let there be "shock and awe"
more...
quizzer
09-28 12:33 AM
EB2 or EB3?
bipin
03-18 03:28 PM
Complaining to DOL is an option, but that's a long process. I'm trying to avoid red flag gets raised and making my attorney richer by RFE, MTR etc.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
more...
praveenuppaluri
02-22 01:56 PM
voicerj and gnutin
thanks for the options.. just surprized that we must go through these procedures (like Quillpad, installing native font etc) to fill a form that is designed for people outside of USA, most with a non-english native language.
whats wrong with an option of 'blank' field and use the good ol' pen :p
thanks for your inputs. really appreciate it.
thanks for the options.. just surprized that we must go through these procedures (like Quillpad, installing native font etc) to fill a form that is designed for people outside of USA, most with a non-english native language.
whats wrong with an option of 'blank' field and use the good ol' pen :p
thanks for your inputs. really appreciate it.
permfiling
08-13 05:47 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
more...
nat23
03-09 01:16 PM
If I think from company's point of view then what they are doing is that they are cutting down their liabilities. If they put you on LOA they would have to pay for insurance and other benefits. I dont know if its right to read too much between the lines.
I guess you'll have to wait till October to find out. However, if they apply for your H1 in April then I wouldnt worry because no company would just flush $3000 if they dont intend to hire you.
All the best
Cheers
Nat
I guess you'll have to wait till October to find out. However, if they apply for your H1 in April then I wouldnt worry because no company would just flush $3000 if they dont intend to hire you.
All the best
Cheers
Nat
IneedAllGreen
10-20 03:42 PM
First thing you can do is to get good education equivalent certificate from reputed company(like Trustforte). If your labor has stated that combination of degree is accepted then make sure that you write same wording in your edu equivalent certificate. Try to understand this that going to Appeal/AAO office is taking forever to response back (AS OF NOW THERE IS 26 MONTHS OF DELAY TO PROCESS I-140 THOUGH APPEAL PROCESS). How do I know about 26 months cause I got a letter from USCIS Washington DC office(through my Senetor) when I request Senetor's help in getting my I-140 approve from AAO office. So make sure that you prepare your document correctly before sending it to AAO/USCIS office. Foremost thing if your document has gone to AAO office then keep patience. After reading so many decisions from AAO office on I-140 appeal I understood that they will look into your case on de nuvo basis. Meaning AAO office will look at your all document that you sent from start to end to make sure that your appealed decision can be taken correctly. If you have enough time with you then I will recommend you to go through this AAO decisions. See link here Administrative Decisions (http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp)
Good luck with your I-140 appeal process.
Thanks
Hi,
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
Good luck with your I-140 appeal process.
Thanks
Hi,
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
more...
dilusa1
07-18 07:44 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
senthil1
04-21 10:11 AM
No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.
I believe it was House committee hearing http://judiciary.house.gov/oversight.aspx?ID=299
I believe it was House committee hearing http://judiciary.house.gov/oversight.aspx?ID=299
more...
SanjayP
07-04 12:19 AM
Some ideas should be kept to ones self, saying in public "we work harder, longer" than American will turn public against us even more because they feel in an opposite way and it is an insult.
rajenk
10-20 12:08 AM
AllIzzWell, as the_jaguar has suggested FOIA is the only way. And yes that helps, some times FOIA requests might take longer, so request it ASAP to get it quicker
pbojja
11-19 09:53 AM
I guess you already know but can't help to remind this :
USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).
So, NO, your mails will not be lost!
I think USPS does not forward mails when the mail says "return service requested" .
USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).
So, NO, your mails will not be lost!
I think USPS does not forward mails when the mail says "return service requested" .
desi3933
09-25 02:28 PM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
EB3June03
07-01 02:03 PM
1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
My case has only 1 lawyer and the medical RFE we got was sent to the lawyer and to me (applicant) by mail.
If you filed G28 for changing your lawyer, I would say it will go to the new lawyer and also would come to you.
My case has only 1 lawyer and the medical RFE we got was sent to the lawyer and to me (applicant) by mail.
If you filed G28 for changing your lawyer, I would say it will go to the new lawyer and also would come to you.
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