augustus
07-09 04:19 PM
You said your employer is agreable, in that case, If you did not get your EAD before your current EAD expires, you can choose to work for free for those days and try to get paid for it after your EAD comes in effect.
Or even if you don't get paid for it, you are building some good will and you are not jeopardizing your job. It will definitely keep you in the good books of this employer.
Or even if you don't get paid for it, you are building some good will and you are not jeopardizing your job. It will definitely keep you in the good books of this employer.
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enggr
10-12 08:15 PM
Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.
Thanks
Hi Kmdhar,
Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
Any thoughts on how we get this extension petition approved to the max of my 6 years?
Thanks
Hi Kmdhar,
Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
Any thoughts on how we get this extension petition approved to the max of my 6 years?
ftbakhru
06-18 03:30 PM
Yes you can pick the passport at end of day manually
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Akia
03-25 08:48 AM
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?
You must also look at the "actual wage."
Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?
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chem2
08-17 07:07 AM
The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
psaxena
06-30 01:13 PM
When I asked my attorney she said no you cannot.. thats what I quoted here.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
more...
gccube
04-08 12:28 PM
started the papar work with the attorney already.
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belmontboy
02-11 02:42 PM
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
DHL. Costs 45$ flat rate. Take about 3 working days
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
DHL. Costs 45$ flat rate. Take about 3 working days
more...
sanju
01-22 03:39 PM
Hello,
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
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nabs501
07-27 04:05 PM
I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
more...
alisa
08-03 10:45 AM
I am starting this thread for people who are still waiting for their I-140 approvals.
There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.
The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
In December 07, the processing dates for NSC EB3 were at January 2007.
In July 2008, the processing dates (NSC, EB3) are at March 2007.
We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.
There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.
The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
In December 07, the processing dates for NSC EB3 were at January 2007.
In July 2008, the processing dates (NSC, EB3) are at March 2007.
We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.
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xlr8r
08-30 04:55 PM
Congratulations, buddy!
more...
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pappu
08-15 04:07 PM
Pappu,
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
I was urging members to contact any of the indian organizations listed as links to get support for our cause. These organizations are either formed by groups of professionals in a occupation or by regional groups from india. We have already got support from Indian Physician association and it helped us a lot when we went to meet lawmakers or spoke with the media. Likewise if other members could make individual efforts, it will be greatly appreciated.
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
I was urging members to contact any of the indian organizations listed as links to get support for our cause. These organizations are either formed by groups of professionals in a occupation or by regional groups from india. We have already got support from Indian Physician association and it helped us a lot when we went to meet lawmakers or spoke with the media. Likewise if other members could make individual efforts, it will be greatly appreciated.
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pappu
10-30 01:37 PM
See this link, give your comments ( I suggest to be brief & to the point).
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
pls. try to also post IV link in your reply on usatoday.com
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
pls. try to also post IV link in your reply on usatoday.com
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ivgclive
08-23 06:14 PM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
You have rights to ask the above items. But it can not be done thru USCIS.
You should hire a good lawer and proceed thru court.
Good luck.
PS: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
You have rights to ask the above items. But it can not be done thru USCIS.
You should hire a good lawer and proceed thru court.
Good luck.
PS: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.
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govindk
10-30 11:02 PM
My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
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green_mile
09-14 01:41 PM
This is a great idea I am in.
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jthomas
06-09 12:49 PM
When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
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kaizersoze
07-17 06:24 PM
I pledge to contribute $200 once I get the receipt notice
C'mon dude...dates are current. You can file. isn't that enough for you to be happy about. Why do you want to wait till you get receipt notice ?
You are thankful to IV now. Contribute to IV now.
When u get ur receipt, u r thankful to USCIS for managing to open you packet and enter your information into the system :D
C'mon dude...dates are current. You can file. isn't that enough for you to be happy about. Why do you want to wait till you get receipt notice ?
You are thankful to IV now. Contribute to IV now.
When u get ur receipt, u r thankful to USCIS for managing to open you packet and enter your information into the system :D
pappu
05-08 10:26 AM
Hello all,
While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
Good to hear that.
You must follow up with them and tell them that you are an IV member and stuck in rertrogression. Educate them a bit about the long delays in the green card process and seek an appointment with them so that you can discuss the issues in person. As soon as you seek an appointment, get in touch with IV. (varsha at immigrationvoioce.org and sanjay at immigrationvoice.org )and they will guide you for the meeting.
These are good signs that the office wants to discuss your concerns. Make use of the opportunity and help this community and yourself by following it up. If you would not like to disclose your employer to the lawmaker, that is fine. Generally lawmaker offices are considerate and very friendly. You will like the experience after you have met them.
While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
Good to hear that.
You must follow up with them and tell them that you are an IV member and stuck in rertrogression. Educate them a bit about the long delays in the green card process and seek an appointment with them so that you can discuss the issues in person. As soon as you seek an appointment, get in touch with IV. (varsha at immigrationvoioce.org and sanjay at immigrationvoice.org )and they will guide you for the meeting.
These are good signs that the office wants to discuss your concerns. Make use of the opportunity and help this community and yourself by following it up. If you would not like to disclose your employer to the lawmaker, that is fine. Generally lawmaker offices are considerate and very friendly. You will like the experience after you have met them.
diesel
03-01 09:29 AM
Now they are saying 17 months (until 9/30/2007)
Is a year 10 months? What kind of math is this? :confused:
Is a year 10 months? What kind of math is this? :confused:
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