mbawa2574
07-17 05:55 PM
Thanks Rep Lofgren for all your efforts for our cause.
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pappu
09-01 09:52 AM
You need to connect with company A and get your documents to prove 2 year experience.
There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.
It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.
If you show 2 year experience you will be covered as per your RFE.
For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.
now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).
You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.
There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.
It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.
If you show 2 year experience you will be covered as per your RFE.
For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.
now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).
You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.
ebizash
10-08 10:50 AM
It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.
Isn't this exactly what we have to go thru here in US by paying SS Tax?
Isn't this exactly what we have to go thru here in US by paying SS Tax?
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transpass
08-04 11:17 AM
Hey, great example and at a good time.
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
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sankar_203
09-15 12:50 PM
PD: Nov 2006
486 - July 26th 2007(pending)
486 - July 26th 2007(pending)
thakgaya
03-30 05:53 AM
The approved 140 were from different companies. I got the update in 2 days after my attorney responded to the RFE.
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gcformeornot
09-01 09:15 AM
why are you posting multiple times?
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nilcritz
12-15 09:43 AM
Add one from Austin.
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arthsidhu
08-31 11:07 AM
I completely agree with MDM101. This forum is for Immigration issues not about finding a job. Legal immigrants from all over the world visit this website to find info on immigration. By highlighting the word desi companies, desi immigrants or desi ***** all you are doing is alienating immigrants.
If you need help finding a job visit monter.com or dice.com .
If you need help finding a job visit monter.com or dice.com .
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dpp
07-24 01:31 PM
There is no 180 days wait period for derivatives. For you to change jobs, you need to wait 180 days to use AC21, but for the dependents, they can do whatever they want and whenever they want after they receive EAD card. It is like GC for them, but only difference is they need to renew EAD every year unlike GC. Otherthan that it is all fine as long you maintain your AOS status properly.
I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.
Question:
My wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.
Question:
My wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
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Kitiara
10-23 04:50 AM
I am about to prove once and for all just how geeky I am. :)
Vincent was indeed hidden in the Shinra Mansion in Nibelheim. You can get him the first time you visit there. Somewhere in the Mansion is a bit of paper with four clues on it (the last is in invisible ink) telling you that someone is locked away in the basement and by getting these four clues right, you'll find the combination to open the safe and get the key to release him.
When you've got all four numbers, you open the safe and get attacked by a monster called Lost Number (don't ask how i remember all this. I have no idea). He's got one strong magical half that's vulnerable to physical attacks and one strong physical half that's vulnerable to magic. Eventually you'll kill one half off and be left with the other. I found that the physical half is more likely to kill you, so soon as the whole battle begins, only use magic attacks to kill off the physical side and be left with the nice and easy magic one.
Once you've killed him completely, you'll get a key and an Odin materia.
Go to the basement as per the storyline. Once you're down there, there's a screen with a long passageway leading up to the library. There's a door there. Open it. Find Vincent. You'll have to talk to him a couple of times though, until he just says "Leave me alone" or something similar. Do the whole Library / Sephiroth bit then come out and he'll join you.
Phew!
Vincent was indeed hidden in the Shinra Mansion in Nibelheim. You can get him the first time you visit there. Somewhere in the Mansion is a bit of paper with four clues on it (the last is in invisible ink) telling you that someone is locked away in the basement and by getting these four clues right, you'll find the combination to open the safe and get the key to release him.
When you've got all four numbers, you open the safe and get attacked by a monster called Lost Number (don't ask how i remember all this. I have no idea). He's got one strong magical half that's vulnerable to physical attacks and one strong physical half that's vulnerable to magic. Eventually you'll kill one half off and be left with the other. I found that the physical half is more likely to kill you, so soon as the whole battle begins, only use magic attacks to kill off the physical side and be left with the nice and easy magic one.
Once you've killed him completely, you'll get a key and an Odin materia.
Go to the basement as per the storyline. Once you're down there, there's a screen with a long passageway leading up to the library. There's a door there. Open it. Find Vincent. You'll have to talk to him a couple of times though, until he just says "Leave me alone" or something similar. Do the whole Library / Sephiroth bit then come out and he'll join you.
Phew!
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fromnaija
03-18 04:12 PM
I think you have the right forms. I can't think of anything else to add.
As pointed out this forum is dedicated to employment-based immigration. You may want to check the forum at immigrationportal.com where there is a section dedicated to family-based immigration. Good luck.
As pointed out this forum is dedicated to employment-based immigration. You may want to check the forum at immigrationportal.com where there is a section dedicated to family-based immigration. Good luck.
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alterego
09-15 02:53 PM
Come on let's be positive:
EB2 will move to December 2005 within a year.
EB3 will move to December 2003 within a year.
POSITIVE is good for the soul REALISTIC is more important for planning.
EB2 will move to December 2005 within a year.
EB3 will move to December 2003 within a year.
POSITIVE is good for the soul REALISTIC is more important for planning.
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gulute
09-16 02:57 AM
The major grievance of people on H1 was their spouses cannot work and when the ruling came into effect that the time spent on H4 will not be counted and a new 6 year term is possible, H4s massively applied for H1, and this year�s H1 quota was over on the first day itself and then the lotto! Now when the H1 is approved they are too chicken and do not want to work!
They have taken away these most coveted H1 visa numbers from qualified professionals who wanted to come and work in this country. Please don�t do this next year!
So far two, any more in the same situation! :confused:
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
They have taken away these most coveted H1 visa numbers from qualified professionals who wanted to come and work in this country. Please don�t do this next year!
So far two, any more in the same situation! :confused:
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
more...
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tabletpc
12-12 02:59 PM
Vallabhu :
You are wrong...!!!! No one cares your status while elaving the country . its only when you are entering they make sure everyone has proper docuemnts. Also while surrendering the I-94, it is similar to collecting movie tickets. They jsut take and keep it asside.
As of the leaving with 485 receipt, its better to leave with an AP. Aslo contact Attorney on this.
Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .
You are wrong...!!!! No one cares your status while elaving the country . its only when you are entering they make sure everyone has proper docuemnts. Also while surrendering the I-94, it is similar to collecting movie tickets. They jsut take and keep it asside.
As of the leaving with 485 receipt, its better to leave with an AP. Aslo contact Attorney on this.
Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .
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shar533
05-22 11:21 PM
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
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Heart
10-07 05:35 PM
My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.
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Dhundhun
04-24 12:31 PM
Hey god_bless_you,
God gave me a RED DOT.
Anyway, congrats again.
Enjoy.
God gave me a RED DOT.
Anyway, congrats again.
Enjoy.
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Coppertop
10-07 04:27 PM
Thanks! *insert extra large grin here*
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sattar419
05-05 11:11 AM
Here is my story, Immigration experts are requested to suggest.......
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
waitnwatch
07-11 12:18 PM
.....
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way......
Here I'm playing devil's advocate. What if the salary now falls below the market rate determined by DOL? I am sure that some of these fly-by-night operators are also some of the poorer paymasters.
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way......
Here I'm playing devil's advocate. What if the salary now falls below the market rate determined by DOL? I am sure that some of these fly-by-night operators are also some of the poorer paymasters.
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