chanduv23
07-17 07:37 AM
Getting innovative is the Key here. Keep your paperwork ready (You must do it in the background). Tell your employer through email that all you need is an employer letter and he can fax it to you, tell him you will personally come over to the place where he is to get signature and you have no issues, remember in your communications "Just praise him" . Tell him he is great, and you respect him and and u love him etc....... tell him that he must definitely enjoy his vacation and you will come to wherever he is or arrange for a pickup from Fedex and he has to do nothing.
All you need from him is a signature and copy of 140 approval. Your lawyer has to give you a copy if u requested, now if they are also playing it by your employer, you can tell them that you will come over to their office, and you need a copy so that you can file 485. Just be very poliet with them - be extremely polite and at equal intervals of time keep sending them polite reminders, tel, them you will come to their place and collect it personally - keep praising them and tell them how much you adore them.
In the background, workout your way, talk to a different lawyer. If a lawyer requests previous lawyer for necessary documentation, they HAVE TO GIVE. This approach may be a bit difficult because your previous lawyer may use delay tactics.
Remember - your employer is unethical and your lawyer is egoistic. You have to deal with crap.
After things go well for u- screw them big time, expose them on the internet and desi crunch.
All you need from him is a signature and copy of 140 approval. Your lawyer has to give you a copy if u requested, now if they are also playing it by your employer, you can tell them that you will come over to their office, and you need a copy so that you can file 485. Just be very poliet with them - be extremely polite and at equal intervals of time keep sending them polite reminders, tel, them you will come to their place and collect it personally - keep praising them and tell them how much you adore them.
In the background, workout your way, talk to a different lawyer. If a lawyer requests previous lawyer for necessary documentation, they HAVE TO GIVE. This approach may be a bit difficult because your previous lawyer may use delay tactics.
Remember - your employer is unethical and your lawyer is egoistic. You have to deal with crap.
After things go well for u- screw them big time, expose them on the internet and desi crunch.
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485Mbe4001
08-14 12:46 PM
I dont think that is the case, i am a direct employee and i have experienced tremendous delays, infact every application from my company (which is a large multinational) has been delayed, so i am guessing its more to do with the lawyers(large, high cost firm) or just good old luck. Infact all of my friends/batch mates who were consultants have their green cards and some have their citizenships too. My theory was that if a company is sponsoring(paying all the money) you are relaxed and initially dont worry about the delays, if its coming out of your pocket you doublecheck everything and are proactive...just a thought
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
gsc999
01-08 10:29 AM
Heights of stupidity , does the child play with toys or its parents, why do they care about legality of parents !!
----
Albaman & gcseeker:
I am not an expert on this issue but per my understanding Contract law states that minors can't enter into a "valid" contract except for "necessities." Therefore, the need of their guardian's status. Also, these babies will get the $25K bond money when they become adults. I haven't read the Ts&Cs but am pretty sure about that
----
Albaman & gcseeker:
I am not an expert on this issue but per my understanding Contract law states that minors can't enter into a "valid" contract except for "necessities." Therefore, the need of their guardian's status. Also, these babies will get the $25K bond money when they become adults. I haven't read the Ts&Cs but am pretty sure about that
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India76
10-28 01:00 PM
Wish you and your family a very happy Dipawali!!!!!
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diptam
01-16 12:49 PM
My friend (Project Manager) wrote the letter in LetterHead as well as got it notarized/attested. The notarization is only for making sure who ever is the "undersignee" is the actual person. No one else is doing the signature for him.
Better to be safe. My Project Manager friend shouted at me when i asked him to do the notarization on top of the letter head - but i told him "please please....." and he did that :)
Thanks.
What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?
Does 1 each serve the purpose?
With the initial packet, I had sent
1 letter from Company A (By the director on letterhead)
2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)
Better to be safe. My Project Manager friend shouted at me when i asked him to do the notarization on top of the letter head - but i told him "please please....." and he did that :)
Thanks.
What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?
Does 1 each serve the purpose?
With the initial packet, I had sent
1 letter from Company A (By the director on letterhead)
2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)
sanju_dba
09-15 09:58 AM
Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.
so, with 1000 ppl...20 per months. = 20K.
In that case as h1techSlave said, 50% logic goes good irrespective of the target amount.
let it be 20k....200k , half the share goes to IV and half to the winners.
so, with 1000 ppl...20 per months. = 20K.
In that case as h1techSlave said, 50% logic goes good irrespective of the target amount.
let it be 20k....200k , half the share goes to IV and half to the winners.
more...
krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
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Bpositive
04-03 02:26 PM
There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.
The lawyer will know the exact deadline...i think it is a little later than the 12 week count...
The lawyer will know the exact deadline...i think it is a little later than the 12 week count...
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maverick_neo
07-21 12:49 AM
All :
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
You are wrong, thread you mentioned covers people < 180 days, whereas this thread covers >180 days. Sorry to steal your thunder :)
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
You are wrong, thread you mentioned covers people < 180 days, whereas this thread covers >180 days. Sorry to steal your thunder :)
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uma001
07-24 03:41 PM
More details are needed to answer this question better.
I think that any time is a good time - it is better to start the process early. If the company is paying for the process - what is the harm. He should go ahead... If he is planning to leave the company and is required to sign some type of agreement to start GC process - then it will be a different story.
Well, If they file it now, they get queries like ' Why do you need this guy when there are so many americans looking for job. Need detailed documentation and business necessities to sponsor green card for this person'...this happened to three of my friends recently.
Finally it is up to you whether you want to go ahead now or later.
I think that any time is a good time - it is better to start the process early. If the company is paying for the process - what is the harm. He should go ahead... If he is planning to leave the company and is required to sign some type of agreement to start GC process - then it will be a different story.
Well, If they file it now, they get queries like ' Why do you need this guy when there are so many americans looking for job. Need detailed documentation and business necessities to sponsor green card for this person'...this happened to three of my friends recently.
Finally it is up to you whether you want to go ahead now or later.
more...
joydiptac
05-14 03:56 PM
My heart goes out to the parents of this victim of immigration impasse. A minor accompanying parents illegally or otherwise cannot be termed illegal.
How many more innocents will become victims for the crime they have not committed?
Republicans wake up to this gruesome reality. Even legal immigration applicants like us are still without a green card after being in this country for 10 years.
Even if you forget us, and the illegal adults the issue with the "illegal" minors must be addressed.
Their future cannot wait for your petty political gains.
How many more innocents will become victims for the crime they have not committed?
Republicans wake up to this gruesome reality. Even legal immigration applicants like us are still without a green card after being in this country for 10 years.
Even if you forget us, and the illegal adults the issue with the "illegal" minors must be addressed.
Their future cannot wait for your petty political gains.
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indianabacklog
07-30 10:11 PM
Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?
Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.
Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.
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dollar500
11-19 06:14 PM
That has happened to me too. It's ok. I looked at the reciept notice and the date is the original reciept date not the one mentioned in update. Don't worry. If you are really concerned call your lawyer.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
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lostinbeta
10-04 01:35 AM
Read in my post in the first page of this thread. I changed the last stop so it would be easier to understand and do.
I believe for my step to work you need to have the tool next to the marquee tool activated (the selection tool? I forget what it is called)
I believe for my step to work you need to have the tool next to the marquee tool activated (the selection tool? I forget what it is called)
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arorasa
01-01 01:20 AM
Good thread. Encourage more people to vote !
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bzuccaro
11-08 05:23 PM
SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
more...
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FraudGultee
04-17 09:09 AM
i heard one can have both valid L1 and B2 visas not sure if it works with H1b
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atlfp
04-08 01:55 PM
They probablly will put one or two into it, but I would think most of the conference member will be from other sectors, which could be positive.
Also, PACE act is almost guarenteed to go through; We can spend all the energy to push the immigration bill to get it through the conference and then get killed again either in Senate or House because of the guest worker program.
Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.
Also, PACE act is almost guarenteed to go through; We can spend all the energy to push the immigration bill to get it through the conference and then get killed again either in Senate or House because of the guest worker program.
Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.
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pointlesswait
03-31 12:39 PM
take that dispute report and go to your local police station..
If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.
If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.
If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.
If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.
gcdreamer05
09-02 11:29 AM
Can an H-4 visa holder living in the US work for an Indian employer via Internet? Can he use this experience while transferring to H-1B?
To acquire an H-1B visa, all work experience must be live work experience. Work over the Internet is not considered live experience as defined by the H-1B application process.
In addition, it is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H-4 holders can only do voluntary work.
Faqs - H-4 Visa (http://www.assureconsulting.com/faqs/h4_visa.shtml)
I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.
Right now are you working on h4 visa via internet (telecommute) ?
Thanks GCDreamer and sbmallik.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
To acquire an H-1B visa, all work experience must be live work experience. Work over the Internet is not considered live experience as defined by the H-1B application process.
In addition, it is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H-4 holders can only do voluntary work.
Faqs - H-4 Visa (http://www.assureconsulting.com/faqs/h4_visa.shtml)
I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.
Right now are you working on h4 visa via internet (telecommute) ?
Thanks GCDreamer and sbmallik.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
sanam9696
07-20 07:16 PM
Thanks everyone for replying.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..
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