mmk123
04-18 08:04 PM
we filed online I539 for extension of status and sent documents today. Should be all set even if opening air-space takes few more days. It's simple for this kind of a case..
thanks!
thanks!
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Hermione
09-25 12:49 PM
Has your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.
lazycis
01-15 11:04 AM
See also
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
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ssterian01
07-07 04:38 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
more...
txuser
05-06 11:22 PM
Following are the documents I attached while applying for L2.
Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs
Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate
If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')
Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs
Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate
If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')
drak70
04-09 05:27 PM
This one was posted originally at http://immigrationvoice.org/forum/archive/index.php/t-20450.html. Just replace USVI with Hawaii.
My friends took a vacation is US VI and they have full inspections there.YOu better have your documents with you in person
http://www.usvi.net/us-ins/html/2travel_back_....html
Traveling Back to Puerto Rico and the Continental United States
Due to the location of the territory, the United States Virgin Islands has a pre-clearance inspection process for all flights from the territory to destinations in Puerto Rico or the Continental United States.
.
My friends took a vacation is US VI and they have full inspections there.YOu better have your documents with you in person
http://www.usvi.net/us-ins/html/2travel_back_....html
Traveling Back to Puerto Rico and the Continental United States
Due to the location of the territory, the United States Virgin Islands has a pre-clearance inspection process for all flights from the territory to destinations in Puerto Rico or the Continental United States.
.
more...
amdn123
02-04 08:22 PM
I applied for the I-485 with a notice date of July 3, 2007 (application mailed in June) and paid $180 for the EAD that has a notice date of 07 November 2007 (was not filed concurrently). Do I have to pay the $340 fees to renew it? I went through the instructions and they are confusing as they say I don't need to pay the fees if I file I-485 before July 30, 2007. At another place they say no fees if filed under the fee structure IMPLEMENTED on July 30, 2007. I went through the electronic filing and they don't even ask for the date of I-485 filing, just charge you the $340. Any advice?
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senthil1
04-08 02:15 AM
I think all the issue will be resolved if number 5 is done. No need for H1 extension, and even there is a in efficiency in USCIS you can get gc within 3 years if they double or triple EB quota. So no need to meet President just meet Congressmen and try pressing them to increase EB quota.
Can we get an appointment with the President and explain the problems faced by EB immigrants....
1. Travel restrictions (no travel during H1 extension etc..)
2. Driver license issues
3. Wasted Visa numbers
4. Inefficiency of USCIS
5. Need to increase EB quota
I know that law makers should make these changes, but President has a strong voice and if he hears our pathetic position, he may do something, just a hope :rolleyes:
Can we get an appointment with the President and explain the problems faced by EB immigrants....
1. Travel restrictions (no travel during H1 extension etc..)
2. Driver license issues
3. Wasted Visa numbers
4. Inefficiency of USCIS
5. Need to increase EB quota
I know that law makers should make these changes, but President has a strong voice and if he hears our pathetic position, he may do something, just a hope :rolleyes:
more...
mkrisa
08-11 01:23 PM
bumping
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Saralayar
08-12 09:14 PM
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
Did yo recieve the reciept notice for your I 485 and your check cashed?
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
Did yo recieve the reciept notice for your I 485 and your check cashed?
more...
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Nikhil2
02-20 03:12 PM
Thank you both.
Nikhil2,
I have a similar situation...
Nikhil2,
I have a similar situation...
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quizzer
08-18 01:49 PM
Need help ....
Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says
"On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."
What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.
whats your receipt date and service/center (NSC/TCS)?
Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says
"On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."
What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.
whats your receipt date and service/center (NSC/TCS)?
more...
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Imigrait
02-05 01:06 PM
From your description it looks like you are moving to a new company.
I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.
Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.
I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.
Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.
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Singer
11-22 08:33 AM
Hello VictimOfGc,
Thank you for your first reply.
I gad lost my password and read your previous post only yesterday.
As you know, the decision of denying my husband's and mine I-485 could not be not appealed. I have also never stated the uscis denial reason, as I did not have it when I posted my question. They have stated that we had traveled abroad without Advance Parole, so they were considering that we have abandoned our GC petition. We came back to the country with my O-1 visa and my husband O-3.
The first problem raised by a friend of mine lawyer (I did not have a lawyer retained anymore) was that uscis violated my constitutional rights. They SHOULD have sent me an official letter back in August stating that they were reopening or intended to reopen my 485 case! Nothing was sent. Beside my I-140 and my RFE on the I485 I did not receive anything else. So even if legally they were "right" to deny my 485, uscis has comited SO many mistakes on my case that I have been told they could let it slide on this one.
From that moment on I have decided that I will fight them till the end and that I would not pay them one cent! Because at the end of the day, it is all about money and more money in their "crooks" pocket. I contacted my Congresswoman, my Senator, and a Congressman from another state than mine. I had gathered all the proofs and all documentations for the last 3 years and posted them on a server, so everyone involved could review them. Those three elected officials called them and spoke to uscis congressional liaison. This went on for two weeks.
Friday the 13th we received our green cards!
Thank you for your first reply.
I gad lost my password and read your previous post only yesterday.
As you know, the decision of denying my husband's and mine I-485 could not be not appealed. I have also never stated the uscis denial reason, as I did not have it when I posted my question. They have stated that we had traveled abroad without Advance Parole, so they were considering that we have abandoned our GC petition. We came back to the country with my O-1 visa and my husband O-3.
The first problem raised by a friend of mine lawyer (I did not have a lawyer retained anymore) was that uscis violated my constitutional rights. They SHOULD have sent me an official letter back in August stating that they were reopening or intended to reopen my 485 case! Nothing was sent. Beside my I-140 and my RFE on the I485 I did not receive anything else. So even if legally they were "right" to deny my 485, uscis has comited SO many mistakes on my case that I have been told they could let it slide on this one.
From that moment on I have decided that I will fight them till the end and that I would not pay them one cent! Because at the end of the day, it is all about money and more money in their "crooks" pocket. I contacted my Congresswoman, my Senator, and a Congressman from another state than mine. I had gathered all the proofs and all documentations for the last 3 years and posted them on a server, so everyone involved could review them. Those three elected officials called them and spoke to uscis congressional liaison. This went on for two weeks.
Friday the 13th we received our green cards!
more...
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sk.aggarwal
02-08 07:58 PM
Good. Just make sure the lawyers are eligible to practice employment law in the state you have been sued in. Stay cool and just make sure this gets resolved ASAP. Attorney and law suits are very expensive and can run into several thousand dollars if you drag it longer. Save the trouble, hire an attorney with clear mandate to negotiate with your employer's attorney. Courts also provide an arbitration process. Tell your attorney that you don't have money and what will be the cheapest and fastest way to resolve this. See where it goes.
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saratswain
11-06 12:27 PM
I did not have it either and I had tow A# number for me. This is what my lawyer did
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
more...
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Jaime
09-12 01:55 PM
Who do you know?
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uskiwi
05-19 11:28 AM
Can you then apply for the new H1B durng the 12 month stand down period or you have to wiat the 12 months before applying for one?
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dagrawal
02-11 08:26 PM
I had mixed experience with Chugh firm. Some of their senior staff are knowledgeable, however others doing regular paper work are new and inexperienced. I had to review the H1B petition they prepared, and found more than 10 corrections. Though they had processed my original H1B, during extension filing they miss typed several small things like SSN, Company name (in spite of having all the information on records from original information).
Also during GC filing, they missed a couple of things on I-140 and Labor. My personal experience is, if your case is simple and straight forward, go with them, but review the application throughly. If your case involves extensive documentation, understand the risk before proceeding.
Also during GC filing, they missed a couple of things on I-140 and Labor. My personal experience is, if your case is simple and straight forward, go with them, but review the application throughly. If your case involves extensive documentation, understand the risk before proceeding.
anuh1
03-25 03:29 PM
I also said the same thing. If he didnt go for vacation how can he file before one year left on his H1B?
dask
12-09 03:45 PM
Congrats dask.
Save your congratulations until this neverending and unbearable pain ends....nevertheless many thanks for your congratulatory msg...
Best of luck to u2
~Dask
Save your congratulations until this neverending and unbearable pain ends....nevertheless many thanks for your congratulatory msg...
Best of luck to u2
~Dask