Sunday, June 26, 2011

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  • desi3933
    07-26 08:08 AM
    Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.

    1. Am I currently out of status or okay because of the RFE?
    2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.

    My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?

    Thanks.

    Could you please detailed RFE? It is difficult to suggest without the RFE details.


    ____________________
    Not a legal advice.





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  • raj131982
    04-12 02:11 PM
    Hi,
    Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:

    "My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."


    And he puts the below figure his company has borne towards expenses for my H1 application:
    1)Education evaluation: $125
    2)Attorney fees: $1000


    My question is:

    1) Is attorney fees really $1000 or it is much less than what he claims it to be?
    2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.

    How can I proceed in this matter? Plz advice.

    Thanks
    raj131982





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  • sdudeja
    11-20 12:56 PM
    Hi
    Teacher H1 is same as any other H1. There are consultancies hiring teachers. You can join based on your qualifications and experience. You get a 3 year certification based on your evaluation of credentials. I mentioned a company GTRR. You can contact them. Their site is gtrr.net. My cell number is 404-704-2455.

    All the best





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  • pasupuleti
    01-10 07:06 PM
    NumbersUSA just says that S.9 is similar to S.2611, which died last year. I don't think NumbersUSA has the text for S.9. From NumbersUSA

    "NumbersUSA believes that this is a �shell� bill, which, at some point, will be amended to include language very similar to that which the Senate passed in 2006 [S. 2611]."



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  • donsimahajan
    06-20 05:46 PM
    The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.

    That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.

    Donsi





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  • satishku_2000
    07-22 07:40 AM
    I guess this community is not for willful violators like you. Here we are trying to share information from/for people who follow rules. There are many people (anti-immigration lobbyist and anti-H1b lobby) reading this forum. This will give impression as if this forum is for giving advise to people like you who do not care for the law and will give bad name to IV. I guess you should cough up some money and get advise from a good immigration lawyer. Also, I would suggest a moderator or administrator to look into this matter adn have this thread removed.


    Numbers USA crowd hate us anyway ... They hate us because we look different .... Dint you read their crap about H1s not paying taxes and how H1bs are producing anchor babies.



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  • yagw
    07-27 12:28 AM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.


    Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.


    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?



    My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.


    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.


    I agree.. at this time just let it take the course...



    Thank you very much for your advice and help in this matter.

    BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...

    DISCLAIMER: I am not an Attorney and this is not a legal advice.





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  • cdin2000
    07-19 09:57 AM
    It depends on the hospital's immigration knowledge. Most of the hospitals in the NY/NJ/CT/MA/CA where there are a lot of immigrants are aware of EAD.
    So they prefer EAD over H1/J1 as they can avoid the process of application.
    This is from my personal experience. Some states like Maine, New Hampshre are not even aware of EAD. In such hospitals you can take a chance with the expectation of getting a Green card and convince them with the Social security number. Also apply for your social security number once you get your EAD. This really helps if you need to convince the hospital.

    Overall having an EAD is a big plus when compared to H1. NEVER go for J1. The waivers are very difficult to get and you'd have a lot of mental tension. I dont think its worth it, if you are planning to stay in USA. My wife stayed home for a year, when she was matched for a J1 hospital. She again applied the next year and got a H1.



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  • saurav_4096
    08-21 04:06 PM
    I dont think there is system in place where It can be tracked for cash worker at GAS Station.
    So do not understand what has happened with him ...???:confused:





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  • shortchanged
    08-28 12:34 PM
    Thank you !This whole thing has cost me a lot.I had to cancel the airtickets,the travel agent charged 300.00/ticket. $1500.00.I am sitting at home for 3 weeks as the vacation is not cancelled,as I can't carry it over to next year,per employer's policy.I wished I could finally go home first time,after 6 years in the US,now that is not happening anytime soon.
    I suffered lot of anguish on september 30,2005 when I filed with a PERM certified labor that morning, my attorney took his sweet time to give it to FedEx, it indeed reach VSC at 7PM, so they rejected my application, as the next working day oct 3,2005, my country's PD jumped 6 years back to 11/1999 from current!I see a few cases of 485 approvals for persons who sent their forms on the same day 30/2005!
    So even though I feel a lot weight off my chest as you do, it still rankles, as I was always on top of these things and even offered the attorney to be there on September 30,2005, and was willing to fly to Vermont even at the last moment, but he could not keep those packages ready to hand it to FedeEx. He did not faul to collect the fee for his NON-service anyway.
    This forum is like a balm to a lot of people:)



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  • thomachan72
    05-19 02:12 PM
    Most of us might not be working for contractors / body shoppers like this but it is definitely for our own good to investigate these incidents in detail. We have to somehow find out the grounds on which these individuals were deported.
    If these are the result of FEAR or "imagining" that their entry will result in US job losses then it is "utter ludicrous and idiotic". In fact the opposite is true. The pseudorecovery that we are seeing now is not genuine. The basic thing that has to happen is reduction of wages and increased availability of qualified people here.
    Again we have a saying in "malu", "There is no point in chanting vedas into the ear of a buffalo that is taken to be slaughtered". If only they realize that admitting more qualified people will stabilize the wages and prevent offshoring.
    I am upset not at these deportation but at the "idiotic" thought behind them; "keep them out and we can have more jobs and better pay"





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  • HereIComeGC
    04-11 12:26 PM
    dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)


    Thank you Dude and Lasantha. ALso Lasantha - Congrationtions on your GC. I will tolerate the annoying message and grind it out.



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  • kittu1991
    09-09 01:28 PM
    I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?

    The fact that there is no approval and you don't know what they are going to do with your new perm application is the concern raised. As long as we are seeing any EB2 approvals for SW engineers how can we conclude that nothing has changed and everything will be so easy going. My sis has applied for perm in apr2008 and she got 3 RFEs to which she responded 6 months ago and still waiting.





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  • amoldc
    10-30 02:08 PM
    Hi My Application alongwith my wife and daughter reached NSC on July 2 and signed by J. Barett. Till date (Oct 30 - 2007) I have not received any information. Its over 4 months and whenever I call USCIS they are asking me to wait. I think my application is lost.
    My lawyer had sent 25 applications in one packet 22 of them got receipts except the three for me, my wife and daughter.
    Will I be able to refile? Lawyer has Fedex Receipt....



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  • reddymjm
    12-30 09:52 AM
    http://www.usdoj.gov/oip/foi-act.htm
    you should be able to get a copy of ur i140.





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  • xgoogle
    06-24 08:47 AM
    You are saying I can leave the job and still be able to renew her EAD and AP every yr ? Also her I-485 will still be valid ?



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  • HOPE_GC_SOON
    07-15 11:49 AM
    The only way to go for Premium processing of 140, is to extend H1 beyond 6 yrs..as of current regulations. So in your case, if you are still around 5 yrs of H1. that would be the solid case, to opt for PP of 140 and h1 ext. So that, your case can have few updates.

    This is only my understanding.. I am not a lawyer. I know the pain of Backlog center delays, as my case was there since 09/03 till 05/07. I respect your concern and hopefully u guys are taken care.

    Thanks




    My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.

    We are done with finger prints few months ago. No updates on I-140 or I-485s after that.

    Is it useful if we take Info pass appintment in this case and enquire about our case status?

    Why not USCIS offer I-140 premium processing for older priority dates?

    Can I-485 be pre-adjudicated even if I-140 is pending?.

    Appreciate any information. Thanks.





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  • senthil1
    06-28 01:14 PM
    Why do you think it is good news? Same Senators will be there in the Senate. Do you think they will accept skil? Not only skil any major immigration bill like AGRI, DREAM act will be stalled till next election.

    ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?





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  • nmember
    05-25 05:54 AM
    fax send





    WeShallOvercome
    07-23 02:14 PM
    C. UHRMACHER @ 8:26am on July 2

    No particular significance but I think it is just to relieve some nerves... If there are other applicants signed by the same person, you can be sure your file reached the right place :) (Or you are not alone if your lawyer screwed up and sent it to wrong address)





    divakarr
    09-05 10:23 AM
    1-800-375-5283 Option 1,2,2,6,2,2,1 and tell them your application has been filed over 90 days so that they will transfer your call to second level customer support.


    For my case, she thought that maybe my application is missing, this is the reason that she sent a request to NSC to look for my application.

    Because I got my AP receipt and there is no information for I-485, and AP is based on 485.

    My employer messed up my perm labor two years ago, and i hope it is not this time.



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