meridiani.planum
03-12 06:37 PM
Hi Meridian,
let me know how to give you green I can do that for you.
I appreciate it.
However its not the red/green dot count thats bothering me, its this needless 'sniping' using this dots system has started becoming too much on IV now. There is a reason why while giving a red dot it asks you to give a reason. Getting a red dot without a reason is like someone in the street pushing you as you are going about your own merry ways. Actually its worse, atleast in the street you can push back, or ask why they pushed you, here its like getting hit by a stone as you are walking, and you turn around and see no one. that feeling is what I hate and I get when I see red dots to innocent or even helpful posts..
let me know how to give you green I can do that for you.
I appreciate it.
However its not the red/green dot count thats bothering me, its this needless 'sniping' using this dots system has started becoming too much on IV now. There is a reason why while giving a red dot it asks you to give a reason. Getting a red dot without a reason is like someone in the street pushing you as you are going about your own merry ways. Actually its worse, atleast in the street you can push back, or ask why they pushed you, here its like getting hit by a stone as you are walking, and you turn around and see no one. that feeling is what I hate and I get when I see red dots to innocent or even helpful posts..
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chantu
02-19 07:19 PM
I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.
Thanks vactorboy!
Thanks vactorboy!
jatinr
07-26 09:10 AM
Bibs:
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
I 765 EAD Application document.
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
I 765 EAD Application document.
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Mahatma
08-22 08:33 PM
Congrats Conchshell!
Enjoy, celebrate and forget us not.
Keep contributing through wisdom.
what a weekend, you will always remember this one.
Enjoy, celebrate and forget us not.
Keep contributing through wisdom.
what a weekend, you will always remember this one.
more...
aroranuj
06-27 11:23 AM
Has anyone done a FOIA before for an I-140 receipt notice? Where do I file? Does it in anyway makes USCIS reveiw my case more than it should?
abdulazeez77
08-11 08:11 AM
Hello All,
I have my H1B stamp and my wife has a H4 stamp from my old employer valid until December 2007. I transferred my employer in Jan 2007 and have a new I-797 valid until 2009. My wife now wants to travel outside the country and come back in a month (September 2007). Can she travel with her current stamping? What documents does she needs at the port of entry when she comes back (my I-797?). Would appreciate very much if someone can help. This is fairly urgent since she has to travel next week.
Regards,
Azeez
I have my H1B stamp and my wife has a H4 stamp from my old employer valid until December 2007. I transferred my employer in Jan 2007 and have a new I-797 valid until 2009. My wife now wants to travel outside the country and come back in a month (September 2007). Can she travel with her current stamping? What documents does she needs at the port of entry when she comes back (my I-797?). Would appreciate very much if someone can help. This is fairly urgent since she has to travel next week.
Regards,
Azeez
more...
tinku01
07-22 05:47 PM
Hi, I need to get Police Clearace Certificate (PCC) from India at local police station. Anybody has any format of PCC I mean what they need to write in it.
It's quite urgent ..please update ASAP
It's quite urgent ..please update ASAP
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srkamath
08-05 06:21 PM
Dhundhun,
What is your source for the 1% to 5% estimate?
What is your source for the 1% to 5% estimate?
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Lollerskater
09-26 12:03 PM
Find another lawyer if you want to (or at this stage you can represent yourself easily) and file G-28 form. New G-28 will replace the old one and the info on file will be updated.
Thank you very much. I believe the same thing but wanted to check with you guys to be doubly sure.
are u saying fragomen is no good?
In no way, good sir. They are awesome in my books.
Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.
I don't have the official verdict from USCIS whether my lawyer is "still docked" or not, but I'm sure you can understand my situation. Even if my lawyer were "undocked," would I really want to risk some behind-the-scenes FBI investigation delay? Or even worse, a denial with some bullshit reason?
yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.
I do not wish to publicly hurt his business any further than what he has already endured for helping people like us. If you are really that concerned, send me a PM.
I think I'm in an interesting situation which could benefit future IV members. If there are any further comments, I would love to hear them.
Thank you very much. I believe the same thing but wanted to check with you guys to be doubly sure.
are u saying fragomen is no good?
In no way, good sir. They are awesome in my books.
Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.
I don't have the official verdict from USCIS whether my lawyer is "still docked" or not, but I'm sure you can understand my situation. Even if my lawyer were "undocked," would I really want to risk some behind-the-scenes FBI investigation delay? Or even worse, a denial with some bullshit reason?
yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.
I do not wish to publicly hurt his business any further than what he has already endured for helping people like us. If you are really that concerned, send me a PM.
I think I'm in an interesting situation which could benefit future IV members. If there are any further comments, I would love to hear them.
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eagerr2i
07-16 11:40 PM
I have a friend holding a "Tourist Visa" and still back home. If an employer files I-140 for him, will that give him a risk of not allowed entry using Tourist Visa at the port of entry because he has an I-140 petition?
If he works for the same company abroad that filed for his i140, it should not be a problem. If he does not work and instead wants to come on a tourist visa, he might have problems.
If he works for the same company abroad that filed for his i140, it should not be a problem. If he does not work and instead wants to come on a tourist visa, he might have problems.
more...
chi_shark
06-24 04:28 PM
i dont think the question is about earning a paycheck. The question is about being employed or not. Perhaps it could also be termed as "being working" or not.
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
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RDB
06-15 11:18 PM
BTW, in the first place, shouldn't you have checked before going to the Interview that his passport has expired?.....that is a bit lame in my view...!....that's the first requirement for going to any immigration office - your passport should be valid for atleast 6 months from that date.
Anyways, passport renewal can be done very fast at the consulate. I don't think they will stamp it on the current passport.
Thank you for the quick response and advise.
Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?
I do not have experience with this, so I greatly appreciate your patience.
Anyways, passport renewal can be done very fast at the consulate. I don't think they will stamp it on the current passport.
Thank you for the quick response and advise.
Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?
I do not have experience with this, so I greatly appreciate your patience.
more...
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seahawks
07-11 08:47 PM
Lets all focus our energies on a common cause. I understand feelings and we do vent and we do find interesting articles to quote from and I know there is no bad intent. However we need lawmakers to fully understand our cause. Its the simple theory "why do you I have to care about you, if you are looking ways to have laugh at me":) Pen is mightier than a sword is the common phrase, in this case "keyboard" is! Have fun and did I hear CIR is dead, I know there will be something in the form of immigration bill passed before the election based on all I read and it won't be an enforcement only bill. They are having hearings around the country, something will work out for sure, at least thats what I hope for.
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VickIowa
12-28 10:55 AM
I don't have the I-797A's I-94 which was attached to the bottom since I had to submit that in Jan 2009 when I'd visited India and come back to the US with H1-B stamping. I do have a copy of this I-797A's I-94...would giving this copy be better than not providing any at all? Thanks, Vick
more...
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morchu
05-04 12:50 PM
NO.
[QUOTE=gauravsh;338657].....will there is any issues at POE due to my long absence on H1B?/QUOTE]
[QUOTE=gauravsh;338657].....will there is any issues at POE due to my long absence on H1B?/QUOTE]
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rvenkat1976
04-09 08:46 AM
Thanks Fide Champ.
Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?
Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?
more...
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div_bell_2003
12-19 05:01 PM
It does not look like your future green card processing will be affected by any way due to your one year absence, but you might wanna clarify with your attorney about the status of your H1 though. You didn't mention anything on this, but I'm guessing you'll be coming back to the same employer in 2010, just check with them if your one year not being in US payroll would result in revocation of your H1B and they have to apply for a fresh one once you come back.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
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amsgc
09-10 12:08 AM
You should request your new employer to do Premium Processing on your H-1B petition.
You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.
The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.
The lawyers on this forum can advise you better.
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.
The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.
The lawyers on this forum can advise you better.
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
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snathan
02-15 11:55 AM
Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
fide_champ
04-09 08:17 AM
My labour was filed in RIR on March 2005 and got approved on August 2006.
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.
WHat happened to your first I140?
You are techically in-status as your H1-B is still under processing.
As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.
WHat happened to your first I140?
You are techically in-status as your H1-B is still under processing.
As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.
happy1
08-14 05:48 PM
Most personal finance books will tell you that cash life policies (such as Universal Life) are financially bad investments. They are laced with all sorts of fees, which is why salespeople recommend them.
I was proposing for combination. Not 100% UL. Only an agent can find a sweet spot of this combination. Instead if 100% term (ex. $35/mo for 30 years = $12,600). How about 20% UL and 80% term? In this case probably you will get 2 or 3K back (which is not bad instead of loosing entire amount). I was not suggesting Life Insurance as investment, sorry for not being clear. I met with my agent 3 times discussed all options and it worked out well for me.
I was proposing for combination. Not 100% UL. Only an agent can find a sweet spot of this combination. Instead if 100% term (ex. $35/mo for 30 years = $12,600). How about 20% UL and 80% term? In this case probably you will get 2 or 3K back (which is not bad instead of loosing entire amount). I was not suggesting Life Insurance as investment, sorry for not being clear. I met with my agent 3 times discussed all options and it worked out well for me.
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