kaarmaa
02-10 02:40 PM
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
what initiatives? Never seen any publicized...
what initiatives? Never seen any publicized...
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MYGCBY2010
07-27 04:21 PM
I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
Sakthisagar
04-15 08:35 AM
Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
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gcisadawg
03-09 07:21 PM
My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
more...
supreet
05-15 12:46 AM
Hello All,
I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.
I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.
My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?
Thanks for all your answers.
S
I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.
I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.
My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?
Thanks for all your answers.
S
anemmani
01-04 10:11 AM
H1B is considered a dual intent visa and spouses of H1B beneficiaries have a difficulty proving non-immigrant intent that is required for F1. If the primary applicant has I-140 approved, it is even more difficult. As a result, my wife did not pursue the F1 option. Instead, she is enrolled in college as a H4 dependent. H4 dependents under certain circumstances are eligible for instate tuition. However, they are not eligible for teaching & research assistantships. They are also not eligible to OPT (because it is a form of employment.)
Nag
Nag
more...
bestia
07-17 03:12 AM
Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.
Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.
When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.
Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.
When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.
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chanduv23
05-13 12:44 PM
Online case status and infopass are useful for things like address change, namecheck status, finger printing issues , and other issues being dealt where no processing or less processing is required like GC not received, approval not received , letters lost etc...
When it comes to such complicated issues, you have to get real help.
Basically - you have to somehow cut through beurocracy and get your issues resolved.
Good luck, I am sure, things will get under control soon.
When it comes to such complicated issues, you have to get real help.
Basically - you have to somehow cut through beurocracy and get your issues resolved.
Good luck, I am sure, things will get under control soon.
more...
Alabaman
09-18 11:23 AM
...People who go to IV will be redirected to LIV...
I think it would do us more good than bad if we change the name to reflect legal immigration. You'd be surprised that politicians and journalists might even use us to argue their postion of NOT being against legal immigration which would be cheap publicity for us.
I would prefer we qualify it further though... to reflect HIGH SKILLED LEGAL immigrants. HSLIV?
I think it would do us more good than bad if we change the name to reflect legal immigration. You'd be surprised that politicians and journalists might even use us to argue their postion of NOT being against legal immigration which would be cheap publicity for us.
I would prefer we qualify it further though... to reflect HIGH SKILLED LEGAL immigrants. HSLIV?
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meridiani.planum
07-12 08:33 AM
Yes, USCIS can raise RFE ability to pay even in I-485 stage.
thats not true. Can you post a link to back that up?
The yates memo made it clear that AC-21 portability employers dont have to prove anything (ability-to-pay, test of market etc). The only expectation from them is that they promise you a job with same/similar duties.
to OP: size of your newemployer should not be a problem,just make sure your job duties are same/similar to what was described in your LC.
thats not true. Can you post a link to back that up?
The yates memo made it clear that AC-21 portability employers dont have to prove anything (ability-to-pay, test of market etc). The only expectation from them is that they promise you a job with same/similar duties.
to OP: size of your newemployer should not be a problem,just make sure your job duties are same/similar to what was described in your LC.
more...
GCNOMAD
03-07 01:51 PM
Hi,
I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.
When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.
Some lessons learned from my above experiences and some points that might help you -
1. The truth is, when your I-94 expires, you immediately loose your authority to work
2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
Take the above 4th point as its appropirate for you case.
5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.
After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.
And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...
I hope this helps and I wish you the best of luck to get it in the local CPB office itself.
God Bless.
I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.
When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.
Some lessons learned from my above experiences and some points that might help you -
1. The truth is, when your I-94 expires, you immediately loose your authority to work
2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
Take the above 4th point as its appropirate for you case.
5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.
After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.
And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...
I hope this helps and I wish you the best of luck to get it in the local CPB office itself.
God Bless.
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somegchuh
05-29 07:04 PM
Only a part of AC21 is repealed; ppl can still move one year after their 140 is approved and 485 is pending.
Can you please post the source of this information? I believe that all of AC21 is being repealed.
Can you please post the source of this information? I believe that all of AC21 is being repealed.
more...
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gcnirvana
07-11 02:27 PM
Franklin, I just sent you a PM.
Hey guys
The Bay Area members need your help.
We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!
We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.
Post here or PM me if you can make a few phone calls for us
Many thanks
Hey guys
The Bay Area members need your help.
We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!
We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.
Post here or PM me if you can make a few phone calls for us
Many thanks
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mhtanim
10-09 12:07 PM
For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.
Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.
Nice... each year they are making money out of you. We will keep paying every year for being legal while illegals will keep driving without any or fake licenses and no insurance. Another great way to make us feel NOT Welcome.
Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.
Nice... each year they are making money out of you. We will keep paying every year for being legal while illegals will keep driving without any or fake licenses and no insurance. Another great way to make us feel NOT Welcome.
more...
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ftbakhru
06-18 03:07 PM
My experience is that interview dates for Nov won't show up until Oct.
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h1techSlave
01-08 03:05 PM
from an old article: http://heather.cs.ucdavis.edu/H1BSummary.pdf?popup=false
Here is an outline of my proposal:
� To be eligible to an H-1B, the employer would be required to have not have laid off Americans
in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
workforce.
� An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
employer would have automatic permission to hire the H-1B.
� The wage paid to an H-1B would be required to be at least the national median for all workers in the
field, including those with all levels of experience.
� After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
of the H-1B who was hired.33
� The visa would be valid for 3 years. During this time, the worker could move from employer to
employer at will, providing that each new employer goes through the 30-day ad procedure on the
DOL database.
� If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
worker would be deemed as having proved his/her value to the economy, and would automatically be
granted permanent-resident (i.e. green card) status.
� If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
required to leave the country within 15 days.
Here is an outline of my proposal:
� To be eligible to an H-1B, the employer would be required to have not have laid off Americans
in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
workforce.
� An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
employer would have automatic permission to hire the H-1B.
� The wage paid to an H-1B would be required to be at least the national median for all workers in the
field, including those with all levels of experience.
� After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
of the H-1B who was hired.33
� The visa would be valid for 3 years. During this time, the worker could move from employer to
employer at will, providing that each new employer goes through the 30-day ad procedure on the
DOL database.
� If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
worker would be deemed as having proved his/her value to the economy, and would automatically be
granted permanent-resident (i.e. green card) status.
� If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
required to leave the country within 15 days.
more...
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rahulpatel
08-14 04:35 PM
Please note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.
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manjunathk
07-18 01:00 AM
Let's send him "Get well soon" flowers with a letter explaining the REAL problem we (legal) immigrants face.
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pbojja
09-22 10:53 AM
In my view, it is his mistake. I am seriously think that he is lieing to you. First of all, deduction 400$ biweekly is too much. You didn't specified if you have any dependents. If you are single, then he is really lieing to you. I say just file a complaint with DOL in your home state.
No disrespect but , 400$ biweekly seems ok to me ...It depends on how you are employed , If you are working on percentage basis then companies may charge full insurance to you , If you are employed its a different case .
No disrespect but , 400$ biweekly seems ok to me ...It depends on how you are employed , If you are working on percentage basis then companies may charge full insurance to you , If you are employed its a different case .
beemboy
11-16 06:12 PM
That is exactly what the senate has been doing. And the House too.
Nice one riva2005. :D :D
Nice one riva2005. :D :D
sabbygirl99
03-28 05:39 PM
hey seattle, I have not heard of part time worker + FT student on H1 either....as far as getting 140 from F1...I just don't see how that is possible? 140+ 485 ia all employment based....if they see that you no longer have a job...then wouldn't that immediately disqualify you? Anyways - I'm pretty sure that I do not want to switch to F1....even if I were willing to give up my place in the longest darn line in the world, I need money coming in while I am at school!!