srikondoji
11-21 07:52 AM
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
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rustamehind
08-03 05:06 PM
Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.
rockstart
09-10 10:10 AM
Do you think the birth certificate from Indian consulate ( here in US) are acceptable?
Did you try that option?
Birth Certificate from consulate are not acceptable to USCIS. Please check wiki for details.
Did you try that option?
Birth Certificate from consulate are not acceptable to USCIS. Please check wiki for details.
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sanju
02-16 08:50 AM
1.) The total pay in LCA is most likely for the entire year. If you worked for 6 months, simply divide the LCA per year pay by half and use that as a basis to decide. Since you said that your month-wise wage was higher than the LCA wage, I think you are in safe zone. Did you mean to say that you pay was less than the 1/2 (i.e. for 6 months) of the pay specified in LCA? Please clarify.
2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.
And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.
Hope this is helpful.
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.
And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.
Hope this is helpful.
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
more...
rajeshalex
08-08 02:18 PM
hmm... Was your wife carrying while the medicals submitted?
We are also in a similar situation. But no rfe received for my wife. Anyway my background name check is pending.
We are also in a similar situation. But no rfe received for my wife. Anyway my background name check is pending.
jsb
11-14 12:11 PM
Well, are you sure I would need to work for this "future employer" for 6 months?
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
more...
reachinus
09-26 01:52 PM
I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.
Hello,
The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.
We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.
I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.
1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?
I am concerned that the dates will retrogress again. Any advice or comments will be helpful.
Thanks,
SR
Hello,
The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.
We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.
I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.
1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?
I am concerned that the dates will retrogress again. Any advice or comments will be helpful.
Thanks,
SR
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monkeyman
11-06 08:29 AM
They are your in-laws!!! Are you sure you want them here? Think about it. :-) Jokes apart, its a pleasure to travel in Jet. My parents did travel - they can't speak English nor really read well - the crew helps them (in Hindi or Gujarati). You would have to be really knocked out to miss connecting flights in Brussells. So worry not - they'll be just fine.
more...
Ramba
03-26 11:42 AM
There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
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stueym
07-09 03:48 PM
Thank you for all your support. Quick update. Our video now has 1439 viewings, 132 ratings and 38 comments (as at 4:15pm EDT 7/9). This has resulted in us having the #32 top rated video of the week in News and Politics. Your support has been wonderful and thank you for your positive comments.
We have looked at a large number of the other videos in the competition and we certainly have a much higher rating and viewings than any of the videos other than the ones posted in the first week of the competition. Sadly we dont want to monitor them as every time we check their score it rates as another viewing for them :p
We remain hopeful that our moderate position on a difficult topic may give us an edge but who knows. My son is dying to pose a supplementary to the video question about the byzantine process we all have to endure.
Will keep you updated.
We have looked at a large number of the other videos in the competition and we certainly have a much higher rating and viewings than any of the videos other than the ones posted in the first week of the competition. Sadly we dont want to monitor them as every time we check their score it rates as another viewing for them :p
We remain hopeful that our moderate position on a difficult topic may give us an edge but who knows. My son is dying to pose a supplementary to the video question about the byzantine process we all have to endure.
Will keep you updated.
more...
maximus777
09-10 03:05 PM
Which EB category are you shooting for?
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vdlrao
06-01 09:26 PM
labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.
really good information.
really good information.
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atulnayak1
02-19 12:03 PM
Franks Red Hot sauce, I put that sh&t on EVERYTHING!
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pcs
01-02 08:05 PM
Many people like us want to do an automatic contribution. Can the website be modified for this. Setting up direct payment from bank account is more cumbersome as suggested by one member
thanks
thanks
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Mayra75
12-31 07:29 AM
Guys ,
Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?
Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?
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deardar
09-14 03:27 PM
No need to register on that site.
Just click and listen.
If it asks you to register, close and reopen the brower.
Just click and listen.
If it asks you to register, close and reopen the brower.
more...
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lord_labaku
07-06 05:21 PM
longer guns, rifles have less strict carry requirement as they cannot be concealed. Usually handguns need a carry permit to be carried around concealed.
A citizen should follow the constitution & the 2nd amendment is part of the constitution. Just get educated on safety techniques 1st. NRA website has good info. Local gun ranges will allow safe renting too without needing to own one if you just want to use guns as hobby (which is what I do).
Ruger or Browning .22LR guns are good to start. ( I am sure other brands are probably good as well...)
A citizen should follow the constitution & the 2nd amendment is part of the constitution. Just get educated on safety techniques 1st. NRA website has good info. Local gun ranges will allow safe renting too without needing to own one if you just want to use guns as hobby (which is what I do).
Ruger or Browning .22LR guns are good to start. ( I am sure other brands are probably good as well...)
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bsbawa10
08-15 12:11 PM
USCIS does not seem to be corrupt. It seems to be running by proxy with no accountability, no follow ups on what they do, and they always make excuses to show that they follow rules ...(which are breakable).
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chanduv23
05-21 01:14 PM
Thanks guys. I am going to Lake George by NY-Canada border and this seems like good info. But I am from NJ and we have the new tamper proof Drivers licenses which show immigration status and you need to produce all immigration papers to get one. Isn't that enough??
Carry ur passport and h1b ddocument - DL is not enough
Carry ur passport and h1b ddocument - DL is not enough
thomachan72
01-05 05:02 AM
@sanju_dba - Sorry to disappoint you. We did think about making a documentary, but in the end we all figured that a lot more people might be interested in a narrative feature film. Perhaps we are wrong, but it was just a decision that our team collectively made.
@waitingnwaiting - Thanks for your honest feedback. You are right about a lot of things. All I can say is, I've been in this country for over 10 years still waiting for a green card like a lot of people. I just wanted to do something to make more people aware of the issues. I'm passionate about film making so I figured way I can do it is to make a film about stories based on my personal experience. Now, I don't know how the audience will perceive the film or if it will change their mind. But one thing's for sure, we all have given our best to this film and attempted to tell stories that have affected our lives.
Thanks again for the comments.
I am sure everybody here will watch this one and hopefully we can get some senators also to watch this. Its great that you actually did this before somebody on the other side made a movie.
@waitingnwaiting - Thanks for your honest feedback. You are right about a lot of things. All I can say is, I've been in this country for over 10 years still waiting for a green card like a lot of people. I just wanted to do something to make more people aware of the issues. I'm passionate about film making so I figured way I can do it is to make a film about stories based on my personal experience. Now, I don't know how the audience will perceive the film or if it will change their mind. But one thing's for sure, we all have given our best to this film and attempted to tell stories that have affected our lives.
Thanks again for the comments.
I am sure everybody here will watch this one and hopefully we can get some senators also to watch this. Its great that you actually did this before somebody on the other side made a movie.
loveiv
07-01 09:42 PM
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
I'm with you. Matter of fact, I'm preparing a lawsuit against my old employer.
Lets see.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
I'm with you. Matter of fact, I'm preparing a lawsuit against my old employer.
Lets see.
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