vverma17
08-19 06:44 PM
Jingi I might not be able to help you, but I am also expecting RFE for my wife. Just anxious to know what was you RD and at which Service center.
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raj131982
04-13 01:03 PM
Thanks for the response.
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
dc2007
07-31 08:17 PM
I am in the same boat.
I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.
The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.
There is a 50-50 chance of getting my RFE cleared. Please suggest:
1. Can I file I-485 before 17th Aug ?
2. If I can, do I have to pay old Fees ?
3. Can I file without medical ?
Please guide ?
Thanks
DC
I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.
The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.
There is a 50-50 chance of getting my RFE cleared. Please suggest:
1. Can I file I-485 before 17th Aug ?
2. If I can, do I have to pay old Fees ?
3. Can I file without medical ?
Please guide ?
Thanks
DC
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tonyHK12
04-27 01:21 PM
Unless there is a formal document like Unauthorized Immigrants Pay Taxes, Too | Immigration Policy Center (http://www.immigrationpolicy.org/just-facts/unauthorized-immigrants-pay-taxes-too)
http://www.immigrationpolicy.org/sites/default/files/docs/Tax_Contributions_by_Unauthorized_Immigrants_04181 1.pdf
a post has no significance. If you wish to work on such a study, it would be make the arguments stronger. It is something some volunteers can take up as an action item.
Yes it would be a good idea to debunk these posts and similar ones and at the same time compare with employment based immigrants. That should be a good way to get heard, since illegals are always in the news.
I'll check for volunteers on the action item
Blog Feeds
Fear Mongers are the ones who are relying more on Govt for the social safety net benefits,
blog feeds is an attorneys blog
http://www.immigrationpolicy.org/sites/default/files/docs/Tax_Contributions_by_Unauthorized_Immigrants_04181 1.pdf
a post has no significance. If you wish to work on such a study, it would be make the arguments stronger. It is something some volunteers can take up as an action item.
Yes it would be a good idea to debunk these posts and similar ones and at the same time compare with employment based immigrants. That should be a good way to get heard, since illegals are always in the news.
I'll check for volunteers on the action item
Blog Feeds
Fear Mongers are the ones who are relying more on Govt for the social safety net benefits,
blog feeds is an attorneys blog
more...
jingi1234
08-19 05:58 PM
Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?
Didn't submit anything related to F1 (Only grad certificate). I did submit paystubs + W2's...
Don't know what triggered USCIS for these RFEs..
Didn't submit anything related to F1 (Only grad certificate). I did submit paystubs + W2's...
Don't know what triggered USCIS for these RFEs..
jetr
08-27 01:22 PM
>> My qn is what if company A cancels my 140?
3 year H1 extension may be denied.
>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Yes.
____________________
Not a legal advise.
Thanks desi3933.
My followup qn to this is ..
If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?
Thanks
3 year H1 extension may be denied.
>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Yes.
____________________
Not a legal advise.
Thanks desi3933.
My followup qn to this is ..
If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?
Thanks
more...
chirutha
09-26 05:15 PM
Hi GC_SUCK, Congrats, can you send your details of dates in all stages, will be informative for us, thanks.
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latbsol
02-25 01:23 AM
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
more...
WaitingForMyGC
09-26 11:16 AM
Congratulations..would you change ur IV handle now to GC_ROCKS or something :-)
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orangutan
10-04 03:57 PM
Good, USCIS is working on saturday for you. You are lying again like you did for your visa?
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
more...
Dhundhun
08-13 01:30 PM
~~ bump ~~
(IVans, got four REDs for this thread)
(IVans, got four REDs for this thread)
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GCMangataHai
10-21 05:24 AM
PSAM,
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
more...
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dhirajs98
04-09 10:27 AM
I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.
What needs to be done to make sure she in on her EAD now and not on H4 anymore?
How she can become an employee of her own company and get payed every 15 days.
What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?
Please advise.
What needs to be done to make sure she in on her EAD now and not on H4 anymore?
How she can become an employee of her own company and get payed every 15 days.
What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?
Please advise.
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Openarms
10-19 02:25 PM
Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.
more...
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purplehazea
06-01 12:10 PM
Hi All,
I am starting this thread to discuss updates for those who have been waiting for a visa number and whose other processing is complete.
For starters, how soon can we start making an inquiry of status since our Priority date is current now?
Thank you.
I am starting this thread to discuss updates for those who have been waiting for a visa number and whose other processing is complete.
For starters, how soon can we start making an inquiry of status since our Priority date is current now?
Thank you.
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ImmiRam
09-13 05:05 PM
Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
more...
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sapota
10-18 05:49 PM
DOS & USCIS will have all data entered into their systems once they receipt all these 320k cases. Using past USCIS processing speed as another input, DOS should be able to issue accurate EB cut-off dates in all categories.
One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.
In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)
One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.
In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)
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roseball
02-28 12:29 PM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
You should be fine as the extension was filed in advance. Was your second H1 approved on 04/30/2004....That possibly could be one of the reasons it started on 04/30.....
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
You should be fine as the extension was filed in advance. Was your second H1 approved on 04/30/2004....That possibly could be one of the reasons it started on 04/30.....
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jin108
08-02 08:49 PM
Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
pappu
01-30 04:30 PM
We will be sending emails after sometime so that that people can keep updating it. IN order for this data be reliable, the effort must start from each one of us.
We should regularly update our data and also urge others to do the same. These days I am first looking at the data of the user before replying to the post. If the data is not there, it is ok. We do not force anyone who does not have data to update the profile. Their data will anyways not show on the tracker. In the coming days we will add more filters in the tracker to clean up such people who have incomplete or zero data.
But we definitely need to nudge people who have put incorrect data to correct it. Incorrect data will hurt the reliability of the tracker and the advocacy effort we plan to do.
We should regularly update our data and also urge others to do the same. These days I am first looking at the data of the user before replying to the post. If the data is not there, it is ok. We do not force anyone who does not have data to update the profile. Their data will anyways not show on the tracker. In the coming days we will add more filters in the tracker to clean up such people who have incomplete or zero data.
But we definitely need to nudge people who have put incorrect data to correct it. Incorrect data will hurt the reliability of the tracker and the advocacy effort we plan to do.
sidbee
02-22 12:37 PM
I am not a lawyer , and this is not a legal advise.
According to my study , and talk with some lawyers .. Yes it could be same.
But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.
Eg .
You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.
Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.
Talk to Ur attorney about the points i mentioned.
According to my study , and talk with some lawyers .. Yes it could be same.
But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.
Eg .
You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.
Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.
Talk to Ur attorney about the points i mentioned.
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