confu
12-04 02:25 PM
Noticed this article today. Thought some of us would love to roll your eyes over it.
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
:):):)
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
:):):)
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martinvisalaw
08-17 07:22 PM
It seems as per the new DOL Requirements two notices has to be posted at two locations ( One at Employers office and one at the client location. U.S. Department of Labor (DOL) regulations requires that a Posting Notice be posted within your organization in two conspicuous locations for 10 consecutive business days)
As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..
The DOL requirements are not new, it's just that the method for filing the LCA is new. The employer has always needed to post the LCA, including salary information. This is not optional, so if the employer refuses, there can be no H-1B.
As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..
The DOL requirements are not new, it's just that the method for filing the LCA is new. The employer has always needed to post the LCA, including salary information. This is not optional, so if the employer refuses, there can be no H-1B.
Gator
04-11 08:10 PM
Today I found out that my RFE wasn't answered at all as opposed to being late.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
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newbie2020
05-18 08:18 PM
For conditional GC the USC should make a joint application for his/her spouse for removal of conditional GC restrictions.
One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......
If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application
It is always better to consult a Good immigration lawyer for Professional Advise.
One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......
If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application
It is always better to consult a Good immigration lawyer for Professional Advise.
more...
sayonara
07-18 04:03 PM
Does this mean Interim EAD option is not available any more? Was there a press release for this?
Thanks
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
:confused:
Thanks
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
:confused:
chanduv23
02-19 03:55 PM
when i saw the news last night..... it was pretty evident that this terrorist in austin, tx is anti taxes & anti government anti irs..... i thought tea party movement has found a hero..... the next thing news said - this terrorist was a software professional...... immediately i thought ..... he is going to be hero of anti immigrants like itgrunt.... who will attempt to associate h1b visa to the domestic terrorist....
guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......
Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)
when is fbi planning to arrest & question itgrunt......
This website seems to have some viruses or spywre be cautious when you open
guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......
Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)
when is fbi planning to arrest & question itgrunt......
This website seems to have some viruses or spywre be cautious when you open
more...
gc_on_demand
09-19 10:54 AM
Hello All
I know this question has been asked in past so many time but I could not find. I have H1b stamp valid till Nov 1st 2008. I got my h1b ext approved till2011. I was not planing to go india this year but because of emergecny I may have to travel with in week. I will be there for 10 days only. worst case Oct 11th 2008. I am with same employer whom I was before ext. Should I go for renewal of stamp in india ? I know PIMS may hold me there for a long time.
Can I travel if visa is going to expire in 2 weeks. but having ext approved ?
Can i eligible for emergency appointment worst case ?
What if they put me on hold under PIMS ? will they hold passport ? or I can travel with old valid visa ?
Please reply urgent . My law firm has not answered my email yet and I may have to buy ticket and fly this weekend..
I know this question has been asked in past so many time but I could not find. I have H1b stamp valid till Nov 1st 2008. I got my h1b ext approved till2011. I was not planing to go india this year but because of emergecny I may have to travel with in week. I will be there for 10 days only. worst case Oct 11th 2008. I am with same employer whom I was before ext. Should I go for renewal of stamp in india ? I know PIMS may hold me there for a long time.
Can I travel if visa is going to expire in 2 weeks. but having ext approved ?
Can i eligible for emergency appointment worst case ?
What if they put me on hold under PIMS ? will they hold passport ? or I can travel with old valid visa ?
Please reply urgent . My law firm has not answered my email yet and I may have to buy ticket and fly this weekend..
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injrav
09-09 07:57 AM
Hi Friend
welcome to Immigration voice
Please take some time to go through each and every post, it will give clear idea what IV is planning to do.
Thanks
welcome to Immigration voice
Please take some time to go through each and every post, it will give clear idea what IV is planning to do.
Thanks
more...
natrajs
08-24 07:39 AM
Some where around December after completing Data Entry for all the AOS applications
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Dhundhun
06-21 03:49 PM
I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
more...
lskreddy
12-11 02:24 PM
Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
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reedandbamboo
08-29 12:54 PM
volunteer as a writer.
more...
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zico123
04-20 01:39 PM
As per Lawyer need to file for amendment before EAD expires. Need I-20 from Kaplan and another application fee ($190) + PP fee($1,000). :( But at least H1 is approved :)
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
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theMan
01-12 09:16 AM
If issue arises with I485 while i EAD, that would a big headache of replying RFE or opening MTR etc in timely fashion. EAD/AP stand cancelled if 485 is denied.
Evaluate the odds of 485 denial and then take a decision (H1/EAD). Just don't get into analysis/paralysis mode.
Evaluate the odds of 485 denial and then take a decision (H1/EAD). Just don't get into analysis/paralysis mode.
more...
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jasmin45
07-31 06:11 PM
They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?
G28 is to help attorney represent you. Since you mentioned that your employer deal with attorney on all of their employee cases, Attorney will not ask your G28. If you are paying the fees then you have all the rights to ask the status. If your employer is paying for 485, then you should politely ask your HR about the fate of your application. Attorney's may not even respond to your request as they have no established relationship with you but your employer.
G28 is to help attorney represent you. Since you mentioned that your employer deal with attorney on all of their employee cases, Attorney will not ask your G28. If you are paying the fees then you have all the rights to ask the status. If your employer is paying for 485, then you should politely ask your HR about the fate of your application. Attorney's may not even respond to your request as they have no established relationship with you but your employer.
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hasil
01-05 09:00 PM
My wife came last May on H4 visa. I am on EAD and working with different company from Feb 2008. She had Advance Parole but she used H4 as it was simpler.
more...
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sprash
03-08 11:49 AM
My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
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teky
11-12 05:30 PM
Give atleast 1-2 months for booking the appointment. It was a harrowing experience getting an appointment to the point where my fingers were aching. Also add in time for the Canada visa. We went to Canada consulate in DC for the Visa.
Regards,
Teky.
Regards,
Teky.
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forever
07-27 02:41 PM
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
I would go ahead with this option.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
I would go ahead with this option.
samcam
07-19 12:08 PM
Btw, NBC might not do anything with it at all, but NSC on the other hand might..
PS: I know its a typo, so just kidding here..
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
PS: I know its a typo, so just kidding here..
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
snathan
05-13 11:32 PM
Hi Ruban,
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
When you find the answer is helpful, please click the thank you button for the attorney. It will add points for them.
Thanks
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
When you find the answer is helpful, please click the thank you button for the attorney. It will add points for them.
Thanks
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