eb3retro
06-30 10:05 PM
Eb3Retro, Did you sign G-28 initially for your (previous employer's) attorney to represent? if so how did you change the representation?
i have not changed attorney so far, just wanted to retain the same guy until i extend my EAD this time, (which is pending and awaiting results anytime soon) , once this is done, i am going to file G28 and self file AP myself. My attorney charges exorbitant fees for doing this, just for the safety sake, just for ead extn i used him...few more days and i will say thanks for all his services..
i have not changed attorney so far, just wanted to retain the same guy until i extend my EAD this time, (which is pending and awaiting results anytime soon) , once this is done, i am going to file G28 and self file AP myself. My attorney charges exorbitant fees for doing this, just for the safety sake, just for ead extn i used him...few more days and i will say thanks for all his services..
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desiron
08-08 08:29 PM
Hi,
I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Thanks
Ron
I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Thanks
Ron
Robert Kumar
02-24 05:04 PM
I am also looking for answer on this..Anyone please??
Any inputs pls.
Any inputs pls.
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meimmi
03-09 04:20 PM
Hi, Is there anybody in this forum who has filed G-28 for self? Can somebody please advise what to fill? I am going thru the G-28 form right now, it has the following option:
1. I am an attorney...
2. I am acredited representative of religious, charitable trust....
3. I am associated with -------- the attorney of record previously filed a notice of appearance...(in this case, please check 1 or 2 as appropriate)
4. Others (Explain fully).
I guess if we have to file for self, we need to check others.
Can someone please advise what to write in the explanation? Also, does USCIS acknowledge the change of record or at least the receipt of G-28? Can this be filed even before sending AC21 letter? Is there anyway the existing lawyer/company will know about this? Thanks in advance for the reply.
1. I am an attorney...
2. I am acredited representative of religious, charitable trust....
3. I am associated with -------- the attorney of record previously filed a notice of appearance...(in this case, please check 1 or 2 as appropriate)
4. Others (Explain fully).
I guess if we have to file for self, we need to check others.
Can someone please advise what to write in the explanation? Also, does USCIS acknowledge the change of record or at least the receipt of G-28? Can this be filed even before sending AC21 letter? Is there anyway the existing lawyer/company will know about this? Thanks in advance for the reply.
more...
transpass
09-28 12:37 PM
After a lots of effort I got chance to meet the great man J.B. Wow he was very nice. I told hime everything and showed the FedEx print out which he signed for the 485 delivery.
He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.
I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
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.Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
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Oh I had a nice dream, Is'nt?....:)
Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.
funny...
He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.
I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
.
.
.
.
.
.
.
.
.
.
.
.
.
.Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
.
.
.
.
.
.
.
.
Oh I had a nice dream, Is'nt?....:)
Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.
funny...
angelfire76
06-09 01:53 PM
The attorney is right and no where has she specifically stated it as an "Indian only" issue. It just happens that lot of consultancies are owned by Indians and they could be her clients.
But she has at least brought visibility to the sudden enforcement tactics of the USCIS, which can only be termed as seeing everyone as a criminal, just because you found one or two in a bunch. In fact hearing about a lot of H1 extensions denied (even with approved 140) or given only for a very limited period of time, extensive RFEs etc. all I can say is that if they are unable to legislatively "purge" foreign workers due to business lobby, they sure are trying to do so administratively.
But she has at least brought visibility to the sudden enforcement tactics of the USCIS, which can only be termed as seeing everyone as a criminal, just because you found one or two in a bunch. In fact hearing about a lot of H1 extensions denied (even with approved 140) or given only for a very limited period of time, extensive RFEs etc. all I can say is that if they are unable to legislatively "purge" foreign workers due to business lobby, they sure are trying to do so administratively.
more...
Desiguy786
04-02 08:55 PM
First of all, whats' the situation?
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
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chanduv23
04-18 10:40 PM
Folks here is the deal.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
more...
ek_akela
06-14 01:05 PM
Finally after waiting for 5 yr of waiting I am ready to file for 485...a quick question. Last Year I applied for H1 extension along with H4 for my wife.for some reason she didn't get the approval notice(online case does show her case approved ) Now for 485, I need to send her H4 which I don't have..What options do I have? I asked my employer and he was clueless..
He said you can print online case approval status(webpage) and send it along with H4 reciept notice or apply for I 824(application for approved petition) which I am not sure how long it would take..I coulnd't find any premium processing info for I-824
It's quiet depressing, after waiting for so many years, you still left uncaught when final moment comes :o
He said you can print online case approval status(webpage) and send it along with H4 reciept notice or apply for I 824(application for approved petition) which I am not sure how long it would take..I coulnd't find any premium processing info for I-824
It's quiet depressing, after waiting for so many years, you still left uncaught when final moment comes :o
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pbuckeye
09-14 08:27 AM
I think he was just trying to make a point about being pressed by all parties involved (repubs/dems/liberals/conservatives in our case)
At least the Jews had more solidarity among their community, perhaps it should be a lesson for all EB immigrants to be and stay united.
At least the Jews had more solidarity among their community, perhaps it should be a lesson for all EB immigrants to be and stay united.
more...
lskreddy
03-13 04:40 PM
Which company is this?
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Kodi
07-06 01:31 PM
If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?
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gcboy442
08-26 09:35 AM
clockwork :
Mine is the same case....Did you have LUD on your I-485. Mine was received by J.Barrett on July 2nd and has an LUD on 8/5. Not received the RN yet.
Mine is the same case....Did you have LUD on your I-485. Mine was received by J.Barrett on July 2nd and has an LUD on 8/5. Not received the RN yet.
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gsc999
01-10 01:57 PM
Thanks Y'all for the inputs !
Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(
----
I recently travelled to India via Munich on Lufthansa. I was told by my ticketing agent that I will need a German transit visa. I looked at the info. on German constulate's website and did some reasearch, I didn't need one.
I suggest, you get one to be on the safer side. For other readers, if you are on H1B and if your transit time is 2 to 3 hours and you travel on the same airlines (there are other issues e.g. the terminal is same etc.), than you don't need a transit visa but always call in and check with the appropriate constulate.
Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(
----
I recently travelled to India via Munich on Lufthansa. I was told by my ticketing agent that I will need a German transit visa. I looked at the info. on German constulate's website and did some reasearch, I didn't need one.
I suggest, you get one to be on the safer side. For other readers, if you are on H1B and if your transit time is 2 to 3 hours and you travel on the same airlines (there are other issues e.g. the terminal is same etc.), than you don't need a transit visa but always call in and check with the appropriate constulate.
more...
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nlssubbu
07-26 01:41 PM
For me, my attorney's filed successor in interest I-140 after I filed I-485 due to merger. I faced no issues with this process and you can request them to file the same at your end. This did not affect my I-485.
Thanks
Thanks
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sidbee
01-05 10:59 PM
Following is the Employee Agreement
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
more...
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srikondoji
08-07 02:50 PM
Prevailing wage for EB2 as of latest information i have is $83,200
Hope this helps.
Hello Gurus,
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
Hope this helps.
Hello Gurus,
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
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rangaswamy
06-25 05:07 PM
Went in on Friday to get the name change done. I will get it back on 9th July about 11 working days thought web site claimed 6-8 working days.
For 16, take a copy of what ever visa you are on.. H4/H1 etc.
Column 31 should be left blank as its a name change.
PS use new signature below photograph for new passport. Also new name should be filled in the form.
For 16, take a copy of what ever visa you are on.. H4/H1 etc.
Column 31 should be left blank as its a name change.
PS use new signature below photograph for new passport. Also new name should be filled in the form.
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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
fromnaija
07-22 09:24 AM
You nearly aged out but since your priority date became current before your 21st birthday, you should be eligible to get an immigrant visa. CSPA protects you here. Also they should deduct about four months (period your father's I140 was outstanding) from your current age. This makes you eligible for a visa. See what happens at your next appointment but ask your Dad to talk to an immigration attorney in the US.
bobsn
04-02 03:52 PM
So Let me get this clear in my head..
If the I-94 is valid for 6 months and then if you need to extend the stay of your parents
option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?
option 2: Go out of the US (Mexico, West Indies) and return in 1 month?
option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?
option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.
Thanks
If the I-94 is valid for 6 months and then if you need to extend the stay of your parents
option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?
option 2: Go out of the US (Mexico, West Indies) and return in 1 month?
option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?
option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.
Thanks
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