tissac
01-23 10:28 AM
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
>>>>>I also had to keep checking many times when trying to get and interview for my parents in native language. Then I read in some forum that they normally open the appointments Thursday late night or Friday early morning (US time) . I tried that and I got an appointment. Good Luck !!
>>>>You can download and print the forms put you signature (since you did it on their behalf) and send it to your parents for their signature. They need to take these printouts for the interview.
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents
>>>> In my case I had a valid stamp. But still I send the copy of my I-797 also. I don't think stamping is necessary. I-797 + new I-94 proves your status.
Thomas
>>>>>I also had to keep checking many times when trying to get and interview for my parents in native language. Then I read in some forum that they normally open the appointments Thursday late night or Friday early morning (US time) . I tried that and I got an appointment. Good Luck !!
>>>>You can download and print the forms put you signature (since you did it on their behalf) and send it to your parents for their signature. They need to take these printouts for the interview.
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents
>>>> In my case I had a valid stamp. But still I send the copy of my I-797 also. I don't think stamping is necessary. I-797 + new I-94 proves your status.
Thomas
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srikondoji
07-17 02:21 PM
Go little bit more SOUTH and you will end up in NORTH and this is called optimism and i love this optimism over pessimism.
Everybody had different sources and those sources have their own sources.
So, sometimes your sources are wrong and relying them we tend to go wrong. Thats all to it.
However, iam of the view that we should believe all the sources both negative and positive and then make your educated guesees.
This is my guess
There will be relief but not to everyone.
USCIS/DOS will announce the news without an apology, but it will not please everybody.
They will accept few applications just to nake their case stronger and remove the teeth of AILF lawsuit.
USCIS/DOS is ready to take head on with AILF but only after making their asses stiff.
USCIS/DOS knows their bad deeds but is not passing all of it to its masters.
Masters are saying why we need to bend over, lets take on these immigrants.
At the end few will be fired and few will resign from USCIS and DOS with fewer I-485 applications accepted from July 2.
Thats all.
Everybody had different sources and those sources have their own sources.
So, sometimes your sources are wrong and relying them we tend to go wrong. Thats all to it.
However, iam of the view that we should believe all the sources both negative and positive and then make your educated guesees.
This is my guess
There will be relief but not to everyone.
USCIS/DOS will announce the news without an apology, but it will not please everybody.
They will accept few applications just to nake their case stronger and remove the teeth of AILF lawsuit.
USCIS/DOS is ready to take head on with AILF but only after making their asses stiff.
USCIS/DOS knows their bad deeds but is not passing all of it to its masters.
Masters are saying why we need to bend over, lets take on these immigrants.
At the end few will be fired and few will resign from USCIS and DOS with fewer I-485 applications accepted from July 2.
Thats all.
voldemar
06-22 11:14 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is presentI've got a RFE because of that. Now got TB skin test and will do X-Ray again if TB will be positive.
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enggr
10-02 09:47 AM
Dear Friends/attorneys,
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
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amitsri_74
06-27 04:45 PM
I am on H1-B which expired on June 18th (extension filed) and my I-485 is pending since Sep 2007. I got my EAD in Feb 2008 but I am still using my H1-B with my current employer. My wife is on H4 (extension filed with mine) and her EAD is received at USCIS May 13th under processing
I need expert's help to understand the following
1) I am getting a good job offer and want to move to other employer July 31 on EAD.
2) Since my H1-Extension is no received I cannot transfer it now but I get it I will transfer it.
3) Can I join my new employer using my EAD (which was not used with my current employer) invoking AC21 and 180 period is passed since the 485 Application receipt date (Sep 14th)
4) If I join using EAD, will my wife be out of status as H4 will be void, however her EAD is under process but not yet received.
Any help will be highly appreciated
Amit
I need expert's help to understand the following
1) I am getting a good job offer and want to move to other employer July 31 on EAD.
2) Since my H1-Extension is no received I cannot transfer it now but I get it I will transfer it.
3) Can I join my new employer using my EAD (which was not used with my current employer) invoking AC21 and 180 period is passed since the 485 Application receipt date (Sep 14th)
4) If I join using EAD, will my wife be out of status as H4 will be void, however her EAD is under process but not yet received.
Any help will be highly appreciated
Amit
diptam
08-03 07:33 PM
You are OK as long is 140 is approved and 180 days have passed since Filing 485... BUT
if yor employer get to know your intention and cancel 140 between 180 and 200 days before 140 is approved , you are screwed...
Thanks,
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
if yor employer get to know your intention and cancel 140 between 180 and 200 days before 140 is approved , you are screwed...
Thanks,
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
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SureShot
06-05 11:22 AM
You should all be very proud of yourselves.
These are the biggest pieces of S**T I have ever seen! Congrats!
These are the biggest pieces of S**T I have ever seen! Congrats!
2010 BLOG (wallpapers, comics,
PHANI_TAVVALA
06-04 09:52 AM
Hello, I am trying to get all the sponsor documents together for my parents visitor visa stamping. I am having some problems getting a bank account verification letter. I have a checking account with a bank in Indiana (I used to stay there 2 years back) which I still use regularly. Most of my transactions are performed by internet banking and my pay checks are deposited directly into this bank account by my company. I have requested them to send a verification letter for which they replied in negative as they can do that if only I can be present in person and not over the phone. My current account balance in this account is around $12,000 and I have bank statements for each month going back to Feb' 2007. Can someone let me know hpw to deal with this situation ( I would really hate to drive/fly 700 miles to just get a bank letter).
I also have a problem with other bank deposit I have. It is a exclusively online HSBC savings account and I have $12,000 in this account with statements going back to July 2007. I could not get proper answer from customer service for my request to give me a account verification letter and I am not sure how to deal with this situation either.
Can someone please help me. Is account verification letter from the bank manager a must as mentioned on i-134? Wouldn't the bank statements suffice?
I also have a problem with other bank deposit I have. It is a exclusively online HSBC savings account and I have $12,000 in this account with statements going back to July 2007. I could not get proper answer from customer service for my request to give me a account verification letter and I am not sure how to deal with this situation either.
Can someone please help me. Is account verification letter from the bank manager a must as mentioned on i-134? Wouldn't the bank statements suffice?
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skv
08-03 05:37 PM
Hi logiclife,
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.
Now, how did you add material to the word document that was already signed? And therin lies the bad part.
Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.
Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.
Now, how did you add material to the word document that was already signed? And therin lies the bad part.
Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.
Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?
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kshitijnt
07-11 10:37 PM
As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.
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BeCoolGuy
04-13 08:02 AM
Always speak the truth..!!!
Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.
Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.
Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.
Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...
AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.
Goodluck
Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.
Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.
Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.
Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...
AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.
Goodluck
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gc4me
07-12 09:19 AM
Lawyers are willing to file before JULY as because then they can charge the
LEGAL fee. Wake up vivekm1309....
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
LEGAL fee. Wake up vivekm1309....
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
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chanduv23
06-12 10:30 AM
Hi Mr. Singh,
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
Why before October?
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
Why before October?
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kaisersose
06-02 01:42 PM
you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?
If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.
Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.
If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.
Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.
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morpheus
04-03 05:33 PM
Morpheus,
Thanks for your interest. We did consider all three of them but when we did more research, we found that all three of them did not get their Green Card on EB category. They had come here because their parents had come here.
qvadis, Thanks for pointing out Andy Bechtolsheim and Safi Qureshey.
OK - good point. Linus Torvalds was an H1/green card immigration to my knowledge, and he would make a good addition to the list.
http://en.wikipedia.org/wiki/Linus_Torvalds
Thanks for your interest. We did consider all three of them but when we did more research, we found that all three of them did not get their Green Card on EB category. They had come here because their parents had come here.
qvadis, Thanks for pointing out Andy Bechtolsheim and Safi Qureshey.
OK - good point. Linus Torvalds was an H1/green card immigration to my knowledge, and he would make a good addition to the list.
http://en.wikipedia.org/wiki/Linus_Torvalds
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mps
05-13 01:09 AM
Well I was just thinking about it -
1) Can we form a labor union?
I think H1 worker has equal rights as any other native worker
2) Other idea is to form a Credit union with multiple goals -
a) Immigration reforms (funded by the Credit Union)
b) Providing financial services such as - credit cards, mortgage, car and home insurance, other personal loans etc.
c) Credit union will provide us financial strength at the same time attract others to join as they stand to gain all financial benefits from day 1, after landing in US of A.
just my thoughts ...
1) Can we form a labor union?
I think H1 worker has equal rights as any other native worker
2) Other idea is to form a Credit union with multiple goals -
a) Immigration reforms (funded by the Credit Union)
b) Providing financial services such as - credit cards, mortgage, car and home insurance, other personal loans etc.
c) Credit union will provide us financial strength at the same time attract others to join as they stand to gain all financial benefits from day 1, after landing in US of A.
just my thoughts ...
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amulchandra
01-16 08:19 PM
I have applied for an H1b transfer with out paystubs. I am eligible to work from oct 1st 2007. But in my case too I did not get any project as a consultant but got 2 fulltime direct job offers. I accepted one. I stared working for them from the day they filed my transfer with USCIS. The problem is that I did not receive any receipt notice but today when I went online and checked my old approved H1b I see a message that on JAN 16 th 2008 we approved your petition and sent you an approval notice. So can anyone tell me what is this?Should I assume that my H1b transfer got approved?
Thank you very mcuh for your inputs.
amulchandra
Thank you very mcuh for your inputs.
amulchandra
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kirupa
03-27 01:30 AM
gesfox - added :)
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rsdang
11-17 02:43 PM
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
gc_bulgaria
02-12 02:47 PM
I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.
Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).
Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).
freedom_fighter
04-21 12:30 PM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
its not illegal to port. Labor substitution was legal until they abolished.
EB3 to EB2 to EB1, is perfectly legal and is not like labor substitution. Why are you ppl jealous, just because you have EB2. A lot of ppl including myself had our cases filed in EB3, because of incompetent attorney's. Its not like someone is jumping the line, these guys have been waiting patiently in there EB3 queue and if they can upgrade why not?
Pls focus on the real issue of the country based quota. Really, this is not going to benefit anyone!
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
its not illegal to port. Labor substitution was legal until they abolished.
EB3 to EB2 to EB1, is perfectly legal and is not like labor substitution. Why are you ppl jealous, just because you have EB2. A lot of ppl including myself had our cases filed in EB3, because of incompetent attorney's. Its not like someone is jumping the line, these guys have been waiting patiently in there EB3 queue and if they can upgrade why not?
Pls focus on the real issue of the country based quota. Really, this is not going to benefit anyone!
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