krishnam70
07-09 12:45 PM
I read about the problem in this thread and immediatly called all our friends and signed up for the drive. We went in a group of 25 people and signed up. Hopefully something will work out for Vinay and people like him. This is not a one time effort but once we are in the registry we have the capability to help many others who might be needing help. I urge members to please go to the drive's or request information on how to create drives in your own city and help in this good cause.
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rockstart
05-05 10:14 AM
I agree with your lawyers statement. She will not be counted against the quota because she already has H1. Also I would recommend premium processing when she gets a job.
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
jcrajput
06-09 01:55 PM
Thank you all for responding.
I am still not able to figure about while entering US, how they know that you have AP? Do they have any way to find out that you have applied for AP? If not, then once you have H1B stamp in your passport, it should be smooth entry...
I am not local to Mumbai and I hate to go to the visa stamp as they always treat us bad..
Also, My H1B expires Jun 2010. Can I extend H1B if I enter in US using AP without having H1B stamp in passport?
I appriciate all for your help.
Thank you
I am still not able to figure about while entering US, how they know that you have AP? Do they have any way to find out that you have applied for AP? If not, then once you have H1B stamp in your passport, it should be smooth entry...
I am not local to Mumbai and I hate to go to the visa stamp as they always treat us bad..
Also, My H1B expires Jun 2010. Can I extend H1B if I enter in US using AP without having H1B stamp in passport?
I appriciate all for your help.
Thank you
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sportsguy131
07-31 02:34 PM
hey thx a lot for the info....but can she work in those 180 days?
more...
gc@waiting
08-27 03:13 PM
Thanks Krishnam70, would you please send the URL?
eucalyptus.mp
02-17 04:33 PM
Hi My emplyer is saying that he will apply for extention 3 months before expiry . So I guess he will apply in July . So in that case I need the Paystubs of May and June . Am I right ?
more...
ashishgour
04-24 10:00 AM
Breaking news on http://www.immigration-law.com :
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
Wednesday 04/30/2008 - 2:00 PM
2141 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on Wasted Visas, Growing Backlogs (http://judiciary.house.gov/oversight.aspx?ID=435)
By Direction of the Chairman
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
Wednesday 04/30/2008 - 2:00 PM
2141 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on Wasted Visas, Growing Backlogs (http://judiciary.house.gov/oversight.aspx?ID=435)
By Direction of the Chairman
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meridiani.planum
11-03 01:50 AM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
sorry to say but your employer is useless. by playing around with your H1 petition he is messing around with your legal status in the US. Since he has already proven himself untrustworthy, I would suggest you move on asap: find another job and transfer your H1. Since you already have a client, should be easier to get a transfer done. Also, do the transfer with premium processing even if you have to pay $1k out of your own pocket.
P.S: H1 is his own petition, you are just the beneficiary. You dont have a right to see the RFE and he does not have an obligation to share information about it with you. Thats the legal part. morally and ethically the way he is acting sucks.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
sorry to say but your employer is useless. by playing around with your H1 petition he is messing around with your legal status in the US. Since he has already proven himself untrustworthy, I would suggest you move on asap: find another job and transfer your H1. Since you already have a client, should be easier to get a transfer done. Also, do the transfer with premium processing even if you have to pay $1k out of your own pocket.
P.S: H1 is his own petition, you are just the beneficiary. You dont have a right to see the RFE and he does not have an obligation to share information about it with you. Thats the legal part. morally and ethically the way he is acting sucks.
more...
help43
09-10 10:56 PM
Thanks for your replies and help
Which consulate i need to go if i want to go for stamping.......
http://www.happyschoolsblog.com/i797a-i797b-i797c-difference/
According to above link they are saying i need to go to india for stamping ........
please advise me on this.........
Which consulate i need to go if i want to go for stamping.......
http://www.happyschoolsblog.com/i797a-i797b-i797c-difference/
According to above link they are saying i need to go to india for stamping ........
please advise me on this.........
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navin80
06-20 09:30 AM
I am in a similar situation. But my employer previous employer says he would file for 485 only if I return to my old company.
so, If I need to go back to him,
1. Do I need to transfer my H1B back to the old company. My 797 expires in Nov'08
so, If I need to go back to him,
1. Do I need to transfer my H1B back to the old company. My 797 expires in Nov'08
more...
kris04
10-08 04:59 PM
Yes, roseball, you got it right.
Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?
GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term
But there is one way around it, join employer A and get yourself fired from the job then you're fine.
HTH
kris
Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?
GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term
But there is one way around it, join employer A and get yourself fired from the job then you're fine.
HTH
kris
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kalyan
02-12 01:45 AM
The statistics showed that $39Billion were sent to India by NRI's (not including enterprises) for 3 quarters of 2008
I believe 70% of it might be from US. I have a smalll share in it.
Without EAD insight, job at risk, i dont see any reason to invest in US either in House or new Car.
They should give some incentives to Legal Immigrants while the Illegals use free state subsidies, they provide most thing illegals than Legals
I believe 70% of it might be from US. I have a smalll share in it.
Without EAD insight, job at risk, i dont see any reason to invest in US either in House or new Car.
They should give some incentives to Legal Immigrants while the Illegals use free state subsidies, they provide most thing illegals than Legals
more...
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traveldoc
09-10 02:12 PM
I have a strange situation with my AP renewal:
Applied for AP renewal for both Primary and dependant on August 8th
Dependent received AP approval on Sept 2nd
Primary called USCIS to expedite process on grounds of medical emergency on Sept 2nd and Received a letter from USCIS on sept 8th - saying this - "The status of this service record is: Since the date we received your request, we have approved your case and sent an approval notice to you on 9/1/2009 to the address we have on file. If you do not receive the notice withing 30 days, then please contact our office again". But when I check the online status on USCIS.gov it says "Case received and Pending". How can the system say 2 different things?
I made Infopass appointment today and went to the office to see if they can follow up on this situation and they just said their system says case 'Approved' so wait for 30 days.
Anyone in the same situation? Any suggestions? Is there anyway I can apply for a duplicate or something? What if I just go ahead and re-apply for my AP before the 30 days...what other risks are involved other than loosing $305.
Applied for AP renewal for both Primary and dependant on August 8th
Dependent received AP approval on Sept 2nd
Primary called USCIS to expedite process on grounds of medical emergency on Sept 2nd and Received a letter from USCIS on sept 8th - saying this - "The status of this service record is: Since the date we received your request, we have approved your case and sent an approval notice to you on 9/1/2009 to the address we have on file. If you do not receive the notice withing 30 days, then please contact our office again". But when I check the online status on USCIS.gov it says "Case received and Pending". How can the system say 2 different things?
I made Infopass appointment today and went to the office to see if they can follow up on this situation and they just said their system says case 'Approved' so wait for 30 days.
Anyone in the same situation? Any suggestions? Is there anyway I can apply for a duplicate or something? What if I just go ahead and re-apply for my AP before the 30 days...what other risks are involved other than loosing $305.
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americandesi
10-15 02:52 PM
I-9 is a USCIS document so i would guess it goes to uscis
You are wrong. Please read the Footer text on page 1.
http://www.uscis.gov/files/form/i-9.pdf
It clearly says
"EMPLOYERS MUST RETAIN COMPLETED FORM I-9. PLEASE DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS"
You are wrong. Please read the Footer text on page 1.
http://www.uscis.gov/files/form/i-9.pdf
It clearly says
"EMPLOYERS MUST RETAIN COMPLETED FORM I-9. PLEASE DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS"
more...
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EkAurAaya
05-24 12:42 PM
http://timesofindia.indiatimes.com/articleshow/msid-2072510,prtpage-1.cms
Great immigration debate has Indians steamed up
24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK
WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.
Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
for the skilled immigrants lobby say.
Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.
"What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)
According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.
A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.
Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.
Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.
Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.
Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.
To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.
Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.
So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.
According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.
If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.
"Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"
Great immigration debate has Indians steamed up
24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK
WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.
Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
for the skilled immigrants lobby say.
Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.
"What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)
According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.
A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.
Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.
Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.
Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.
Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.
To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.
Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.
So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.
According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.
If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.
"Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"
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shsk
07-20 08:57 PM
I checked with my attorney, they advised better not to change address until EAD is received.
If it is emergency then address can be changed but with this confusion and emergency filing it adds to some more confusion :confused:
If it is emergency then address can be changed but with this confusion and emergency filing it adds to some more confusion :confused:
more...
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babu123
06-29 10:10 AM
What I heard is, 485 packet need to be send to the office where the I-140 got approved.
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abuddyz
02-01 08:58 AM
i know one person who had applied for H1 from 2 different employes and both his H1 got approved.. he was coming to US on H1 first time.. he went for visa stamping for one employer and got successfully.. he is in US right now and came before few weeks.. (note that he did have prior H1 and visa stamp but he never came to US on that H1.. he did come to US once but on B1 visa..)
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techskill
08-10 05:44 PM
There is an Indian guy who applied on June 1st and got approved.
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
But that was Oct 2002 PD, so he was eligible to file
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
But that was Oct 2002 PD, so he was eligible to file
ca_immigrant
05-19 06:44 PM
I am also travelling with the family in June for a couple of months !
the murthy link and this thread over all is helpful !
Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.
I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.
On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!
the murthy link and this thread over all is helpful !
Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.
I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.
On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!
hmehta
07-14 02:12 PM
Yes, that is partially true. But then again they have to prepare identical set of documents, paperwork for both of us - so they are charging for the amount they invest in that.
What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?
What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?
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