snthampi
04-08 11:50 AM
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
Agree. Definitely sounds fishy. Remember, there are a lot of consulting companies and lawyers are there in this forum pretending to be regular members and pushing their own agenda. I may be wrong in this case.
Agree. Definitely sounds fishy. Remember, there are a lot of consulting companies and lawyers are there in this forum pretending to be regular members and pushing their own agenda. I may be wrong in this case.
lagsam
12-17 05:08 PM
In my case.
What is the maiden name of my mother.
What did I do in UK?
Where did I go in UK?
Did you travel anywhere apart from UK?
These are just questions to find out if there are red flags in your answers.
What is the maiden name of my mother.
What did I do in UK?
Where did I go in UK?
Did you travel anywhere apart from UK?
These are just questions to find out if there are red flags in your answers.
gc28262
12-17 08:22 AM
Even in today's condition, you are legally clear. Why didn't company cancel the H1 ? That is company's problem. You don't have to worry about it.
IMO most likely you can get in to the country without an issue. It is worth giving a try.
Also see this uscis link
Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
IMO most likely you can get in to the country without an issue. It is worth giving a try.
Also see this uscis link
Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
kkt_tkk
10-19 07:57 AM
Hi,
Can you explain in detail, how you defined your education in Labor certification?.
It depends on that, if you defined combinational ( and/or experience), then no issue.
All the best
KKt
Hi,
My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
Thank you.
Can you explain in detail, how you defined your education in Labor certification?.
It depends on that, if you defined combinational ( and/or experience), then no issue.
All the best
KKt
Hi,
My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
Thank you.
more...
vegasbaby
06-04 03:05 PM
The bill looks good on paper. My problem is that it also contains giving the same rights to 'gays'. I personally am not opposed to that but it should not happen that the conservatives in the house & senate take an objection & eventually defeat this bill.
gcseeker2002
06-25 12:02 PM
My employer pays all uscis fees for me, for my spouse I pay(745$) . Employer pays lawyer fees, not sure if lawyer will ask for spouse fees later. I pay for medical and tests(not yet got bill for that)
more...
andreafejes26
03-31 08:42 PM
I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
dvb123
02-15 02:25 PM
1) The per country limit for countries is 7% and for dependency is 2% . The FAM manual lists dependencies. Greenland is listed as a dependency. Greenland became an integral part of the Kingdom of Denmark in 1953.
FAM Manual
http://docs.google.com/viewer?a=v&q=..._ta2BfQz-cTCTg
2) If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot overseas Union Territories of India be classified as dependencies
Union Territories of India which are Islands (overseas from the governing foreign state i.e. India)
Andaman and Nicobar Islands
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
http://india.gov.in/knowindia/union_territories.php
United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/United_...ng_Territories
3)
22 CFR 40.1 - Definitions. - Code of Federal Regulations - Title 22: Foreign Relations - vLex
(f) Dependent area means a colony or other component or dependent area overseas from the governing foreign state.
http://cfr.vlex.com/vid/40-1-definitions-19720333
FAM Manual
http://docs.google.com/viewer?a=v&q=..._ta2BfQz-cTCTg
2) If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot overseas Union Territories of India be classified as dependencies
Union Territories of India which are Islands (overseas from the governing foreign state i.e. India)
Andaman and Nicobar Islands
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
http://india.gov.in/knowindia/union_territories.php
United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/United_...ng_Territories
3)
22 CFR 40.1 - Definitions. - Code of Federal Regulations - Title 22: Foreign Relations - vLex
(f) Dependent area means a colony or other component or dependent area overseas from the governing foreign state.
http://cfr.vlex.com/vid/40-1-definitions-19720333
more...
vinzak
06-16 12:10 PM
I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
lacrossegc
07-11 01:54 PM
There are lots of Gonzales ...pretty common ... may be Emilio has a double working in the mail department ;)
more...
stones
06-30 07:25 PM
Why has the second H-1 petition been pending so long? Was there an RFE? What does the USCIS on line system show?
What does RFE means? It shows they sent it to another processing center for processing.
What does RFE means? It shows they sent it to another processing center for processing.
ebizash
09-30 05:50 PM
Here it is -
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
more...
StuckInTheMuck
07-28 11:56 AM
Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)
This spurt of LUD-related threads is a symptom of the COLTS outbreak that has been reported recently. This epidemic seems to break out every time VB jumps ahead a few notches :)
This spurt of LUD-related threads is a symptom of the COLTS outbreak that has been reported recently. This epidemic seems to break out every time VB jumps ahead a few notches :)
Saralayar
04-10 11:52 AM
My EAD is going to expire in 3 months and I am filing for my renewal now. What can be done if you don't get the EAD renewal response before the expiry of the current one ?
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
It is a new EAD and not an extension of your old EAD. You can go online and e-file and there is no need for a lawyer. As you have all your GC details including your Alien #, it is very straight forward.
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
It is a new EAD and not an extension of your old EAD. You can go online and e-file and there is no need for a lawyer. As you have all your GC details including your Alien #, it is very straight forward.
more...
lostinbeta
09-10 12:01 PM
Sounds pretty "nifty":nerd:
GCBy3000
07-30 05:16 PM
If they dont have the option of having old one till Aug 17th, then they made mistake as usual. They will pull this new one down tomorrow or later or they will keep the old one in parallel with instructions for the July beneficiaries.
Do not worry much. We know how USCIS works.
Do not worry much. We know how USCIS works.
more...
ags123
09-22 07:38 AM
just FYI, came back via SFO and had no reentry issues.
vasudevan_c
02-15 09:25 AM
Yes, it is possible because H1-B is a dual intent visa.
reddymjm
01-07 09:09 AM
I just entered US on my AP. Old one (stamped one) was valid till May 08 09 and I had a renewed AP. The IO asked for both old and new AP. I had only the new one. He said I am supposed to carry both. Then he issued me a stamp valid till dec 30 09 and said am supposed to carry the stamped AP paper along with the stamp all the time. Then I aksed about the expiry validity. He said I have to have a new AP after the AP expiry date on AP not on the passport.
But I heard the otherway at the canada border.
But I heard the otherway at the canada border.
arnet
09-20 11:54 PM
now they are saying it as "Priority Appointment" and the link is available when you create the application. so get HDFC receipt which is valid for 1yr and create an application, fill DS-156/157, add your dependents if any and then you will see a page which has link "priority appointment".
so now you can see this only after creating the application, vfs changed it. you can email vfs site for details.
Disclaimer: I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing constantly.
Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..
so now you can see this only after creating the application, vfs changed it. you can email vfs site for details.
Disclaimer: I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing constantly.
Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..
smgms
07-01 10:21 AM
First of all thank you for your reply. Here is what happened with my case.
1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
2. This week I received an RFE email for my case, still waiting for the actual Mail.
3. Next day received the email "Document Sent to Applicant" for my wife's case.
I used AC21 to change the employers. Can you guys let me know.
1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
2. What do they mean by "document sent to applicant", which document are they talking about?
Thanks in advance for your help!!
1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
2. This week I received an RFE email for my case, still waiting for the actual Mail.
3. Next day received the email "Document Sent to Applicant" for my wife's case.
I used AC21 to change the employers. Can you guys let me know.
1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
2. What do they mean by "document sent to applicant", which document are they talking about?
Thanks in advance for your help!!
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