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suavesandeep
12-19 05:13 PM
I would agree to this. Only if you live in the US and do not get a pay check you will be in trouble for both H1 extension and GC processing.
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resident1374
02-03 09:59 AM
Thank you for your help. I will definitely contact an attorney for my case. Hopefully, I will receive an approval without any hassle.
sarasuva
01-30 12:57 AM
Any advise/guidance on this issue guys?
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txh1b
08-18 01:27 PM
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.
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lazycis
01-24 08:20 PM
If the cort orders them to find a number, they will find one despite the "U".
sravani
05-11 06:00 PM
here is another questions I need to ask, if anyone can plz get them answered it will be great.
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to iGate, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
It's important to keep the arrival i-94 document. You can use the following document to get the I-94 from Department of Homeland Security.
http://www.uscis.gov/files/form/i-102.pdf
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to iGate, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
It's important to keep the arrival i-94 document. You can use the following document to get the I-94 from Department of Homeland Security.
http://www.uscis.gov/files/form/i-102.pdf
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Wendyzhu77
02-11 10:26 AM
What do you mean "that is easily offset by EB-CP "?
You should know, Family Based immigration is really the backbone of immigration in current systems, much more people get FB than EB. Also, Employment through CP is really an anormalty in EB, since EB basically requires you to be physically present in this country, so almost bars the possibility of CP. Yes, it is leagal, but not really practical. So, the number of people seeking FB 485 is way much larger than number of people seeking 485 CP.
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Decemb er07.pdf
I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.
So the wait time is really very long for July 2007 filers with later PD.
You should know, Family Based immigration is really the backbone of immigration in current systems, much more people get FB than EB. Also, Employment through CP is really an anormalty in EB, since EB basically requires you to be physically present in this country, so almost bars the possibility of CP. Yes, it is leagal, but not really practical. So, the number of people seeking FB 485 is way much larger than number of people seeking 485 CP.
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Decemb er07.pdf
I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.
So the wait time is really very long for July 2007 filers with later PD.
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hopefulgc
01-26 02:33 PM
Sounds like a far shot.. but if government can start distributing money.. why in the name of all that is Holy can they not do this:
"All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.
After all these is something called as 'GC by investment'. Why not something in between?
The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.
<EOM>
"All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.
After all these is something called as 'GC by investment'. Why not something in between?
The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.
<EOM>
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Berkeleybee
05-31 02:56 PM
berkeleybee,
this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.
thanks.
QT,
I sent the email out in Jan and much has changed since then.
I updated the text of Email Sample Format 2 in our resources section to reflect current developments. You could personalize that and use it instead.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
Thanks for your support,
best,
Berkeleybee
this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.
thanks.
QT,
I sent the email out in Jan and much has changed since then.
I updated the text of Email Sample Format 2 in our resources section to reflect current developments. You could personalize that and use it instead.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
Thanks for your support,
best,
Berkeleybee
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psk79
09-06 10:33 AM
Today employer sent mail checks cashed.waiting for receipts.
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
I am JBARRETT recepient but I got my stuff cahsed the otehr day at TSC. I guess the late was because of the tranfser of cases from NSC to TSC and nothing to do with BARRETTTT!!!!!!!!!!
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
I am JBARRETT recepient but I got my stuff cahsed the otehr day at TSC. I guess the late was because of the tranfser of cases from NSC to TSC and nothing to do with BARRETTTT!!!!!!!!!!
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sandy_anand
10-22 12:45 PM
Admin, thanks for the encouraging words. Keeping our fingers crossed...
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angelfire76
03-20 06:44 PM
Can you please change the title of this thread so as to not give more people anxiety attacks?
Welcome to the new world of Banking where even financial whiz kids need to go through a contract company to work at these institutions. I think the Indian IT cabal is smiling and thinking about diversification into financial services. They call it domain consulting. ;)
Welcome to the new world of Banking where even financial whiz kids need to go through a contract company to work at these institutions. I think the Indian IT cabal is smiling and thinking about diversification into financial services. They call it domain consulting. ;)
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H1Girl
08-31 12:23 PM
Hi H1Girl,
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
Sorry kriskris...I misunderstood. I take my words back. Yes, we need Employer help for signing the forms etc since only Employer can file new H1 or H1 extension. Avoid Attroney help just for signing G-28 form. Instead contribute some of that savings to IV if you like.
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
Sorry kriskris...I misunderstood. I take my words back. Yes, we need Employer help for signing the forms etc since only Employer can file new H1 or H1 extension. Avoid Attroney help just for signing G-28 form. Instead contribute some of that savings to IV if you like.
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panky72
06-25 05:07 PM
sure, pls verify with lawyer to be safe
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
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ivamember
01-25 04:55 PM
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
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bsbawa10
08-30 06:58 PM
I am also in the same boat and would like to know what happened ?
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akilaakka
07-28 01:17 PM
Yes I had one
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clockwork
08-26 12:23 AM
You got your receipts from TSC, right?
Yup. My case is with TSC. Receipt# starts with SRC.
Yup. My case is with TSC. Receipt# starts with SRC.
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seahawks
10-26 01:14 AM
bump...Calling all Washingtonians and Oregonians to attend.
brij523
02-17 10:59 PM
Sent you a PM
Thank you.
Any IV core member will like to join the call? It would be better.
Thank you.
Any IV core member will like to join the call? It would be better.
bellapv
08-05 01:34 PM
Well, I checked on USCIS site and previous editions are accepted. :)
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
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