la6470
08-30 02:40 PM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
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up_guy
04-09 11:36 AM
Is it legal for an employee to pay PERM , USCIS and attorney fees for a green card processing ?
Lisap
09-11 12:21 PM
I received my EAD card a week before I received my fingerprint notice....
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cheers2all
05-22 01:49 PM
Hi Smrryl,
Was your stamping successful at Matamoros?
Thanks,
Cheers2All
Was your stamping successful at Matamoros?
Thanks,
Cheers2All
more...
Blog Feeds
07-16 04:50 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
reginaldTed
12-02 06:39 AM
What kind of awesome university do you go to that assigns Flash+Silverlight combo projects?
Staffordshire uni, and it really isn't that awesome....
Staffordshire uni, and it really isn't that awesome....
more...
smmakani
05-01 09:46 AM
I don't think rally is a the better way to put forward our issues. I would prefer to do this using media interviews that what we are doing.
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shreekhand
09-18 12:39 PM
It all depends on their background check and security requirements.
As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).
As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).
more...
snathan
09-18 11:31 PM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
Most of the time its scaring tactics. Anyway you dont have much option here. Go ahead and secure your status first. Then hire an attorney and face Company A legally whatever comes...
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
Most of the time its scaring tactics. Anyway you dont have much option here. Go ahead and secure your status first. Then hire an attorney and face Company A legally whatever comes...
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msgrewal81
06-27 11:41 PM
I am on H1B visa. Can I trade in Forex using FOREX or any other online broker? Also, I need to trade in it multiple times on a single day. That's the nature of this business if you want to make money.
please guide...
please guide...
more...
go_guy123
06-18 10:21 AM
If they'd only "fix" the Social Security Card to be more secure, I'm sure you'd reduce much of the illegal employment. the way the SS card is designed right now, anyone could print out as many of these on his home printer.
It was in 1986 amnesty bill where they added the employment verification requirement. However due to lobby pressure etc they kept the rule loose where employer is just supposed to ask and see but not required to do its investigation to find that they are genuine or fake. So it operated as a "Dont ask Dont tell" where they will simply accept the fake ssn , gc knowing fully well that they are fake.
In fact there have been cases where Tyson managers actually arranged middlemen to newly arrived illegals to provide them with the fake documents so that Tyson could hire them.
At the end of the day lots of labor intensive industries like agriculture is heavily dependent on illegal labor which is cheap. eliminating low cost illegals will make them nonviable.
After all Tom Tancredo also hired illegal to remodel his basement.
It was in 1986 amnesty bill where they added the employment verification requirement. However due to lobby pressure etc they kept the rule loose where employer is just supposed to ask and see but not required to do its investigation to find that they are genuine or fake. So it operated as a "Dont ask Dont tell" where they will simply accept the fake ssn , gc knowing fully well that they are fake.
In fact there have been cases where Tyson managers actually arranged middlemen to newly arrived illegals to provide them with the fake documents so that Tyson could hire them.
At the end of the day lots of labor intensive industries like agriculture is heavily dependent on illegal labor which is cheap. eliminating low cost illegals will make them nonviable.
After all Tom Tancredo also hired illegal to remodel his basement.
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transpass
09-26 04:50 PM
We should not mention who we are speaking to in a public forum. This will trigger all kinds of opposition flooding to whomever you mention, which will work against us
Join your state chapter, they will be able to help coordinate and get contacts and visits etc.
I agree - It's not a good thing. Moreover, it might push the wrong buttons if person from one state sends letters/faxes to the congressman from other state. I would not be surprised if the congressman would not care since you are not from his district. You can also check if you can send the letters/faxes to your state senators...
Join your state chapter, they will be able to help coordinate and get contacts and visits etc.
I agree - It's not a good thing. Moreover, it might push the wrong buttons if person from one state sends letters/faxes to the congressman from other state. I would not be surprised if the congressman would not care since you are not from his district. You can also check if you can send the letters/faxes to your state senators...
more...
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milind70
10-08 12:35 AM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
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dohko
04-07 09:59 AM
How long will it take to get a green card in this category with a PD in 2008?
Will it be better to find another Job and go EB2? My H1b started in Oct 2007.
Will it be better to find another Job and go EB2? My H1b started in Oct 2007.
more...
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IneedAllGreen
06-22 09:48 PM
Thanks man. Appreciated.
INeedAllGreen
<today�s date>
US Department of Homeland Security
United States Citizenship and Immigration Service
<your USCIS Service Center address>
<signature, name and designation of authorized person>
<company name>
INeedAllGreen
<today�s date>
US Department of Homeland Security
United States Citizenship and Immigration Service
<your USCIS Service Center address>
<signature, name and designation of authorized person>
<company name>
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Ahjeet
12-03 06:03 PM
Hi, your experience with visa rules will help me make a better decision. Here's my situation,
H1b visa on passport expired on Apr/2009. Have approval until Apr/2010. Applied for 3 year extn in Nov/2009 under PP.
An RFE is raised against the H1b extn (which was applied in Nov/2009). I have vacation planned starting 14Dec/2009; with just 3-4 months left on approved H1b papers, is it advisable to travel to India and do the stamping in HYD? Or am I risking my return to US?
Please advice, and thank you. - Ahjeet.
H1b visa on passport expired on Apr/2009. Have approval until Apr/2010. Applied for 3 year extn in Nov/2009 under PP.
An RFE is raised against the H1b extn (which was applied in Nov/2009). I have vacation planned starting 14Dec/2009; with just 3-4 months left on approved H1b papers, is it advisable to travel to India and do the stamping in HYD? Or am I risking my return to US?
Please advice, and thank you. - Ahjeet.
more...
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Silviavp
05-21 10:10 PM
Thank you for your prompt replay. It helped me a lot. Since it is my first time applying for H1 I'm really lost.
I have one more question. Do you know where I can check the deadlines for the H-1. I heard this year the H-1 would be filled by the end of june and I'm scared I didn't find an employer yet to sponsorship me.
Thank you again for your help.
Silvia
I have one more question. Do you know where I can check the deadlines for the H-1. I heard this year the H-1 would be filled by the end of june and I'm scared I didn't find an employer yet to sponsorship me.
Thank you again for your help.
Silvia
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WeldonSprings
08-25 05:27 PM
1-800-375-5283
Press 1 to select English
Press 2 for a Case
Enetr 1 for receipt no.
Midaway press 3 and then 4.
USCIS probably realized that many of us were calling and tried to give some relief to our tired fingers, instead of giving us the GC!
Hi all
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
Press 1 to select English
Press 2 for a Case
Enetr 1 for receipt no.
Midaway press 3 and then 4.
USCIS probably realized that many of us were calling and tried to give some relief to our tired fingers, instead of giving us the GC!
Hi all
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
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Akia
03-01 12:14 PM
I guess your H4 is not approved yet and continuing your employment on H1B. Your best course of action would be to have your employer file an extension (beyond 6 years) for H1B and get a 3-year approval (with approved I-140). You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. You will need to restart your PERM and go through the whole process with your new employer ASAP.
So I am not able to apply for a new H1B while on H4? Thanks!
So I am not able to apply for a new H1B while on H4? Thanks!
Blessing&Lifeisbeautiful
07-24 02:20 PM
Hi,
MY labor says that the candidate needs atleast 1 year exp as a Software Engineer. Your labor says at least 1 year exp
But my experience letter says that I have 2 years of experience as a Senior Software Engineer. You have 2 years exp. then you are good to go :-)
Would that be ok ? (Actually I was a software engg before and got promoted to Senior Software Eng later.)
BLIB (ie Blessing&Lifeisbeautiful)
MY labor says that the candidate needs atleast 1 year exp as a Software Engineer. Your labor says at least 1 year exp
But my experience letter says that I have 2 years of experience as a Senior Software Engineer. You have 2 years exp. then you are good to go :-)
Would that be ok ? (Actually I was a software engg before and got promoted to Senior Software Eng later.)
BLIB (ie Blessing&Lifeisbeautiful)
kartikbalaji
01-02 02:38 PM
There was a soft LUD on my I-485 on 01/01 and today (01/02). I had applied for my H1 extension sometime back.Will my 485 be touched because of H1 ? My PD is Aug 2006 EB2(obviously cant expect AOS getting processed at this time).
Any thoughts?
Any thoughts?
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