prem_goel
05-04 05:50 PM
If you show proof you are planning to go back to India if he terminates you, then the employer most likely will ask you to book the ticket and will refund the amount after you show him the ticket receipt.
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sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
rama0083
10-08 04:21 PM
Hello,
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Is there a time-frame after which one can contact the USCIS office for advance parole (like the 90 day time-period for the EAD card)?
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Is there a time-frame after which one can contact the USCIS office for advance parole (like the 90 day time-period for the EAD card)?
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sinemkeceli
01-24 11:03 PM
I had a opt which expired on the 9th. of november and on june 08 i applied to start green card process with help of a lawyer.I have a master degrees from the US and my lawyer told me that i did not need to apply for a H1 visa or a work permit and could directly go for green card. we started the process in june 08 and I applied to eta 9089 on september 08 and could not get any reply back for almost 5 months. My lawyer tells me that it is normal to not get an answer for so long even thought I think we had to get an answer in 3 to 4 weeks after september. Now, my lawyer suggests me to go back to my country as my status will be put of satatus and I could continue my green card process from back home.
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
more...
Blog Feeds
12-05 09:20 PM
Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner�s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
ajay
11-30 12:29 PM
Folks,
Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
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Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
Try this O*NET OnLine (http://online.onetcenter.org/)
more...
pappu
11-12 06:14 PM
Pappu,
Could you please tell me what I am supposed to do ?
Thanks,
Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.
Could you please tell me what I am supposed to do ?
Thanks,
Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.
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sathweb
07-12 08:15 AM
This USCIS fiasco seems to have more twists than Anna Nicole Smith case.
Here is new father of the fiasco:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
Here is new father of the fiasco:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
more...
wc_user
07-16 03:25 PM
There is an RFE on my advance parole. Came to know about it through my online status. I called to know what the RFE is about and I was told that they can't tell me over the phone and it is between the officer and me and that I have to wait to receive the RFE. Has anyone else experienced this ? I filed the RFE myself online.
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mdmd10
07-18 04:12 PM
Since this is already being dicussed in the thread mentioned above. Thanks
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wandmaker
09-15 03:52 PM
hello,
Processing Type: Regular Processing
Receipt Number: WAC081-465-XXXX
Received Date: APR,24 2008
Notice Number: N/A
RFE Date:
RFE Responded Date: sep 16 2008
Status: RFE responded and case resumed
iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
what will i do?can i raise the service request?can i directly call to the uscis?
please suggest me...
AFAIK, If your H1 petition is an extension with the same employer and its 240 days past your I-94 expiry date, you should consider stop working. If your petition is H1 transfer, you can continue to work until the decision. As OP suggested, do the premium and get it over with. IMO, it is worth putting that 1k rather than living in anticipation. Good luck.
Processing Type: Regular Processing
Receipt Number: WAC081-465-XXXX
Received Date: APR,24 2008
Notice Number: N/A
RFE Date:
RFE Responded Date: sep 16 2008
Status: RFE responded and case resumed
iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
what will i do?can i raise the service request?can i directly call to the uscis?
please suggest me...
AFAIK, If your H1 petition is an extension with the same employer and its 240 days past your I-94 expiry date, you should consider stop working. If your petition is H1 transfer, you can continue to work until the decision. As OP suggested, do the premium and get it over with. IMO, it is worth putting that 1k rather than living in anticipation. Good luck.
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senthil1
02-18 09:59 AM
Basically it will be approved as master degree if you have 4 year Bachlore degree and 2 Year Master degree. Any others are risk of approval. Also the job requirement should need Master degree with higher pay(compared to Eb3). I heard some Indians who had MSC was approved in EB2 but I heard lot people got rejected because they it is 3 +2 years term.
Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(
Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(
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raysaikat
08-25 11:09 AM
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
I have experience with Frankfurt. They gave me 221(g) for security clearance. I had to wait in Germany for nearly 2 months. I think the likelihood of getting a 221(g) will be high.
Wherever you go, be prepared for 221(g) and a lengthy wait (3-4 months). I.e., make sure you have the resources to stay for that long a time wherever you decide to go.
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
I have experience with Frankfurt. They gave me 221(g) for security clearance. I had to wait in Germany for nearly 2 months. I think the likelihood of getting a 221(g) will be high.
Wherever you go, be prepared for 221(g) and a lengthy wait (3-4 months). I.e., make sure you have the resources to stay for that long a time wherever you decide to go.
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nhfirefighter13
June 12th, 2005, 06:37 AM
Nice work, Josh. Congrats on the new toys!
One bit of constructive critisism though...you need more DOF on the strawberry, IMO. :)
One bit of constructive critisism though...you need more DOF on the strawberry, IMO. :)
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perm2gc
11-30 10:09 PM
Hi,
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.
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gcformewhen
09-10 06:59 PM
Thank you uscisc.
I understand. I want to know while processing the H1B withdrawl will they look at 485 and issue EVL RFE?
Thanks
I understand. I want to know while processing the H1B withdrawl will they look at 485 and issue EVL RFE?
Thanks
more...
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minimalist
05-23 09:21 PM
My wife was on H4. Her VISA and I94 are expired. I'm still on H1 (valid). Our 485 applications are pending. We have valid EAD cards but not using them. Can I apply for my wife's SSN using the EAD Card + I485 Receipt? Or does she need to have valid I-94 along with the EAD to apply for SSN? Does she need SSN to work on EAD?
You should be able to apply for SSN with EAD. Please read the SSN filing instructions and come back if you have any specific questions.
You should be able to apply for SSN with EAD. Please read the SSN filing instructions and come back if you have any specific questions.
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imm_check
08-22 01:18 PM
It is a case to sign in native language...
Your question is not clear.
did you forget to sign the G-325A form where it says "Sign here"
OR
did you forget to write your name in native alphabet?
In first case, it will be considered improperly filed and chances are it will be rejected.
In second case, even if your native language is other than English, the person who does initial review will not know that and it will be accepted and processed.
I hope it is the second case .
Your question is not clear.
did you forget to sign the G-325A form where it says "Sign here"
OR
did you forget to write your name in native alphabet?
In first case, it will be considered improperly filed and chances are it will be rejected.
In second case, even if your native language is other than English, the person who does initial review will not know that and it will be accepted and processed.
I hope it is the second case .
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kiwi
10-27 03:48 PM
My Labor PD is Jan 2003, was approved on Sept 25th. Got it last week. It is very random process I guess. Can't tell how long you have to wait knowing so many people behind us got their approvals before us. Any inquiry didn't work. I just gave up and waited.
Karthikthiru
07-09 02:12 PM
As far as I know, still you need to do. When I enquired for my son, they said I have to. So I did for my kid
LegalIndianInUSA
08-02 11:18 PM
I think nobody is surprised by this.
There have been a lot of stories in the press about similar things, and everyone on the forum agrees and thats that.
Hence no replies.
There have been a lot of stories in the press about similar things, and everyone on the forum agrees and thats that.
Hence no replies.
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