indianindian2006
07-24 03:41 PM
Hi,
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.
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meridiani.planum
02-21 12:37 AM
1. H1 (assuming in your H1petition you had requested a change of status from H4 to H1 and as part of theapproval you have a new I94).
2. she is already outof status. 6months of out of status puts getting a green card into jeopardy.
3. she can travel and re-enter on H4 to activate H4 status.She cant work at that point without filinganother H1 (no need to wait for april/quota etc though, since she has already been granted an H1 once). If she wants to come back with the H1 active she can get an H1 stamping, but my guess is that will be a problem as she does not have payslips.
4. file a change of status to H4, or travel out of the US and return on H4 (assuming her H4 tied to your H1 is still valid)
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
2. she is already outof status. 6months of out of status puts getting a green card into jeopardy.
3. she can travel and re-enter on H4 to activate H4 status.She cant work at that point without filinganother H1 (no need to wait for april/quota etc though, since she has already been granted an H1 once). If she wants to come back with the H1 active she can get an H1 stamping, but my guess is that will be a problem as she does not have payslips.
4. file a change of status to H4, or travel out of the US and return on H4 (assuming her H4 tied to your H1 is still valid)
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
veni001
05-12 04:27 PM
His position requires Masters Degree
As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!
As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!
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surabhi
10-17 03:37 PM
Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.
Yes. Your understanding is correct
Yes. Your understanding is correct
more...
rkat
08-16 02:56 PM
I already have a H1B with a cap exempt employer for the last 4 years. This H1B is valid for another 2 years (6 years total). I had planned to switch my job because my current employer had refused to file for my GC.
A contracting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.
Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
I greatly appreciate all your help ! Thank you!
A contracting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.
Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
I greatly appreciate all your help ! Thank you!
roseball
03-29 03:34 PM
Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
more...
HRPRO
02-18 10:47 AM
Jagan,
Unless you go in person to the consualte, you are not going to be able to speak to anyone. Moreover with suacha tight time constraint, you should have made a visit to the embassy and should have used your US address, which is what they ask you do at the DC Embassy.
I am sorry, I cant help you with any personal contacts, but advice you go there in person to get your issue resolved.
Unless you go in person to the consualte, you are not going to be able to speak to anyone. Moreover with suacha tight time constraint, you should have made a visit to the embassy and should have used your US address, which is what they ask you do at the DC Embassy.
I am sorry, I cant help you with any personal contacts, but advice you go there in person to get your issue resolved.
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prom2
10-30 09:58 PM
People might mistake this as a thread for people who filed on June 7th, simply because there are other threads out there for people who filed in specific date ranges. I believe you meant June 2007 in your title, right?
Oh, I understand. You are right.
Oh, I understand. You are right.
more...
johnggberg
07-12 03:09 PM
I checked with my lawyer, she did not received it yet.
i guess there are holding them back eighther to prepare for the case or to enter data into there sytem before the reject it
i guess there are holding them back eighther to prepare for the case or to enter data into there sytem before the reject it
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sledge_hammer
02-18 12:08 PM
If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
more...
gimme_GC2006
08-02 07:02 PM
I tried both Fedex and USPS.
USPS, I thought slower for some reason.
Fedex is good in my personal opinion.
I hate DHL, even within India
USPS, I thought slower for some reason.
Fedex is good in my personal opinion.
I hate DHL, even within India
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simple1
05-11 02:20 PM
I already did, thanks.
Kindly note:
This thread is a question to Lawyer requesting advice from IV forum attorney.
This is not the original thread for member / donor discussion.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449#post340449
http://www.visalaw.com/teleconform.html
Please post and email this question at the above teleconf..
I already did.
Kindly note:
This thread is a question to Lawyer requesting advice from IV forum attorney.
This is not the original thread for member / donor discussion.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449#post340449
http://www.visalaw.com/teleconform.html
Please post and email this question at the above teleconf..
I already did.
more...
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jmafonseca
November 21st, 2004, 01:36 PM
Hi guys, thanks for the replies.
I had the camera sent to Nikon for diagnosis last week, they wrote me an email just a few days back saying my power module had problems and it needed to be replaced. I requested they return the problematic power module so I could send it to an engineer friend of mine for examination. I'll let you guys know if I find anything new.
Just 4 days ago Tantrik wrote me a message saying the same happened to him. I wonder if this is a problem with the D70 model because I've never seen Nikon equipment break so easily and I honestly did not expect to hear the same happened to someone else.
Plus, as I explained, I did nothing to cause the problem. The camera laid there for a few days and when I turned it back on it was already bad.
Total Cost for fix : U$ 300.00
Nikon USA said they'd replace the camera for me but I bought it in Brazil. The local Nikon people charged me the above fee to fix it. Down here a D70 costs between U$ 2300,00 and even U$ 4000.00 in some shops. So the fix is worth it.
If this is a structural problem with the D70 I will sell it and move to Canon. I just don't want to believe Nikon is making such disposable equipment.
The camera was not purchased from the gray market and I have a proper tax receit with it.
Thanks again for the replies and please let me know if you find anything else about this problem.
Best regards,
Jose
I had the camera sent to Nikon for diagnosis last week, they wrote me an email just a few days back saying my power module had problems and it needed to be replaced. I requested they return the problematic power module so I could send it to an engineer friend of mine for examination. I'll let you guys know if I find anything new.
Just 4 days ago Tantrik wrote me a message saying the same happened to him. I wonder if this is a problem with the D70 model because I've never seen Nikon equipment break so easily and I honestly did not expect to hear the same happened to someone else.
Plus, as I explained, I did nothing to cause the problem. The camera laid there for a few days and when I turned it back on it was already bad.
Total Cost for fix : U$ 300.00
Nikon USA said they'd replace the camera for me but I bought it in Brazil. The local Nikon people charged me the above fee to fix it. Down here a D70 costs between U$ 2300,00 and even U$ 4000.00 in some shops. So the fix is worth it.
If this is a structural problem with the D70 I will sell it and move to Canon. I just don't want to believe Nikon is making such disposable equipment.
The camera was not purchased from the gray market and I have a proper tax receit with it.
Thanks again for the replies and please let me know if you find anything else about this problem.
Best regards,
Jose
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wandmaker
03-15 11:02 AM
is appreciated at IV. This is in addition to any other contributions (either time or money) to IV. :)
I meant "Recurring monthly Contribution" :)
Let us setup a recurring contribution funding drive -
Needhelp / janilsal - can you guys set one up, I will keep bumping with my pledges as usual.
I meant "Recurring monthly Contribution" :)
Let us setup a recurring contribution funding drive -
Needhelp / janilsal - can you guys set one up, I will keep bumping with my pledges as usual.
more...
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santa123
01-23 01:40 PM
CIS Ombudsman - Send Your Recommendations
Looks like another good opportunity to express our hardships and seek CHANGE. Pls write to CIS.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Looks like another good opportunity to express our hardships and seek CHANGE. Pls write to CIS.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
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TheCanadian
01-02 08:24 PM
Are you saying we can submit past works?
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virald
01-31 09:37 PM
Thanks for that. Yeah, that's what I meant! Edited my OP.
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amsgc
05-29 08:13 PM
The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.
Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?
Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.
Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?
Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
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webm
02-24 03:01 PM
I have e-filed along with spouse new SSN#..no issues...
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
amitarora74
08-04 11:43 AM
anoopraj2010
you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think
you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think
diptam
06-30 05:26 PM
Interestingly lot of folks like me are doing 485 on their own - because its NOT difficult. Its small Project and you have to get the Docs right and complete.
Regd - Lawyers dont really answer RFE - they ask us to give the piece of extra information and henceforth charge 3000-4000... Like if a RFE comes to me because i didn't submit W2 and Tax returns - I'll send that. What do i need a lawyer to send my W2's ?
So far as critical RFE's like Birth Certificate , Employment letter unsatisfactory they will straight away reject the case - No question of RFE an no need of
lawyer answering it.
I feel like lawyers are collectively spreading these rumours because they want peoples like me to feel scared with the overall tense environment so that they get more business !!
I mailed my case today June 30th and it should hit Lincoln, NE July 2nd
Since the Visa bulletion is still showing current i have a right to do that.
Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
Regd - Lawyers dont really answer RFE - they ask us to give the piece of extra information and henceforth charge 3000-4000... Like if a RFE comes to me because i didn't submit W2 and Tax returns - I'll send that. What do i need a lawyer to send my W2's ?
So far as critical RFE's like Birth Certificate , Employment letter unsatisfactory they will straight away reject the case - No question of RFE an no need of
lawyer answering it.
I feel like lawyers are collectively spreading these rumours because they want peoples like me to feel scared with the overall tense environment so that they get more business !!
I mailed my case today June 30th and it should hit Lincoln, NE July 2nd
Since the Visa bulletion is still showing current i have a right to do that.
Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
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