mchundi
08-05 09:16 PM
get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.
Good thing is that people will get interim benefits like EAD/AP.
First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
Good thing is that people will get interim benefits like EAD/AP.
First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
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sanin
01-16 05:51 PM
Hi,
I was working with company A since June to Dec 07. and Now I got offer with company B which they are filing my H1 transfer.
but i dont have the last 2 months (Nov & Dec) paystubs from company A (have paystubs from June to Oct). because my employer always give me latest 2 months the paystubs but i have proof of Bank Acccount mentioning the payroll information in bank account for month of Nov & Dec 07.
So does the Bank Account statement will be valid for H1 transfer ?
Please reply me ASAP.
sanin.
I was working with company A since June to Dec 07. and Now I got offer with company B which they are filing my H1 transfer.
but i dont have the last 2 months (Nov & Dec) paystubs from company A (have paystubs from June to Oct). because my employer always give me latest 2 months the paystubs but i have proof of Bank Acccount mentioning the payroll information in bank account for month of Nov & Dec 07.
So does the Bank Account statement will be valid for H1 transfer ?
Please reply me ASAP.
sanin.
mmanurker
04-13 01:54 PM
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
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ibbu_arif
11-17 01:12 PM
All,
Any help in answering my queries is appreciated.
Thanks
Any help in answering my queries is appreciated.
Thanks
more...
eyeopeners05@yahoo.com
06-02 01:09 PM
Isnt all that in picture only when you are travelling outside ?
BPforGC
10-15 12:28 PM
1. It goes to the mail room and stamped on the date it was received.
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
more...
ananth_ramkrishnan
10-14 10:51 AM
I went for visa stamping in aug 2008 to mumbai consulate and was wearing a t-shirt and trousers. I did not have any problems and the person reviewing was cool and asked very simple questions and did not care for my dress.
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cjain
11-12 05:42 PM
after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..
i am not a lawyer
i am not a lawyer
more...
AgentM
06-03 06:20 PM
I don't have the I-140 application ? is it still a problem if I switch companies?
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Jerrome
02-20 05:23 PM
I could not find mine (though i don't know the case number) with the priority date and employer name i could not find mine, by anyway can we find out the category (EB1,EB2 or EB3) from this databases.
I saw some poll happened in IV to get this information.
I saw some poll happened in IV to get this information.
more...
kumar1305
03-29 04:27 PM
Why are you still entertaining this guy. He is a liar. He wants to spread the hatred towards USA. We have already discussed about many people who were sent back from new jersey airport. No passports were held. And if USA thinks that he is a threat to this nation he will be deported.
Like he said there is no special plane which ever landed in India with these kind of people.
Like he said there is no special plane which ever landed in India with these kind of people.
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pappu
02-10 01:18 PM
Check the job requirement for your position. What is the qualification needed for your position?
That will answer you.
That will answer you.
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seeking_GC
07-18 08:13 PM
Hi,
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
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jonty_11
02-12 02:09 PM
citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.
more...
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jkays94
05-04 02:17 PM
COOPER: Along the gulf coast today, First Lady Laura Bush was a very big hit. The one-time librarian zeroed in on an enormous need. Katrina destroyed library collections throughout the region. Mrs. Bush came with a gift of half a million dollars from her foundation's gulf coast library recovery initiative. CNN's John King caught up with her. They talked polls, anthems and immigration.
(BEGIN VIDEOTAPE)
KING: One of the debates in the country right now is about immigration reform, illegal immigration. And one of the controversies is this new Spanish language version of the national anthem. Your husband the president said he thinks it should only be in English. But if you go to the State Department website, you can find it in I think four languages. Secretary Rice said she's heard a rap version of the national anthem.
LAURA BUSH, FIRST LADY: We've all heard a lot of different versions like at the Super Bowl every year. I don't think there's anything wrong with singing it in Spanish. The point is it's the United States' national anthem. And what people want is it to be sung in a way that respects the United States and our culture.
KING: Is that an issue on which you disagree with your husband, he says it should be sung in English?
BUSH: Well I think it should be sung in English, of course.
KING: But you also said it -- BUSH: But you know it's like reading hymns in the hymnal. I love it when I look at the bottom of "Amazing Grace" and there are the words in the Methodist hymnal in Swahili. I think that's great.
KING: Another by product of these demonstrations has been crowds of tens of thousands, many of them holding the Mexican flag. Even supporters of their cause say they find that offensive. That it's the United States of America, if you want rights, if you want status in the United States of America, don't be waving a Mexican or an El Salvadorian, some other country's flag in our face. Do you agree with that?
BUSH: I think this is a very, very sensitive issue that immigration is. A lot of people have stood in line for a long time and done everything they can do to be accepted as legal citizens of the United States. And it's unfair to think that other people will have the chance to get in front of them when they've abided by the rules.
KING: As you know, voter anger, the country's anger at what they perceive to be a slow federal response is one of the reasons your husband's poll ratings have slumped considerably. He's now in the mid-30s in most poll ratings. They're using the term in Washington, many are, "lame duck." He can't like that.
BUSH: No I'm sure he doesn't like. I don't like that either, obviously. When you're elected for a second term, and there are term limits, then of course you start off in some ways as the lame duck. I still know that my husband's going to be very effective and has been very effective and that his agenda that he ran on in the last election in 2004, he will be able to get through. We have a lot of problems. We have -- there are a lot of challenges facing our country. Besides, obviously, this major challenge of the devastated gulf coast.
(BEGIN VIDEOTAPE)
KING: One of the debates in the country right now is about immigration reform, illegal immigration. And one of the controversies is this new Spanish language version of the national anthem. Your husband the president said he thinks it should only be in English. But if you go to the State Department website, you can find it in I think four languages. Secretary Rice said she's heard a rap version of the national anthem.
LAURA BUSH, FIRST LADY: We've all heard a lot of different versions like at the Super Bowl every year. I don't think there's anything wrong with singing it in Spanish. The point is it's the United States' national anthem. And what people want is it to be sung in a way that respects the United States and our culture.
KING: Is that an issue on which you disagree with your husband, he says it should be sung in English?
BUSH: Well I think it should be sung in English, of course.
KING: But you also said it -- BUSH: But you know it's like reading hymns in the hymnal. I love it when I look at the bottom of "Amazing Grace" and there are the words in the Methodist hymnal in Swahili. I think that's great.
KING: Another by product of these demonstrations has been crowds of tens of thousands, many of them holding the Mexican flag. Even supporters of their cause say they find that offensive. That it's the United States of America, if you want rights, if you want status in the United States of America, don't be waving a Mexican or an El Salvadorian, some other country's flag in our face. Do you agree with that?
BUSH: I think this is a very, very sensitive issue that immigration is. A lot of people have stood in line for a long time and done everything they can do to be accepted as legal citizens of the United States. And it's unfair to think that other people will have the chance to get in front of them when they've abided by the rules.
KING: As you know, voter anger, the country's anger at what they perceive to be a slow federal response is one of the reasons your husband's poll ratings have slumped considerably. He's now in the mid-30s in most poll ratings. They're using the term in Washington, many are, "lame duck." He can't like that.
BUSH: No I'm sure he doesn't like. I don't like that either, obviously. When you're elected for a second term, and there are term limits, then of course you start off in some ways as the lame duck. I still know that my husband's going to be very effective and has been very effective and that his agenda that he ran on in the last election in 2004, he will be able to get through. We have a lot of problems. We have -- there are a lot of challenges facing our country. Besides, obviously, this major challenge of the devastated gulf coast.
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needinfo80
09-08 11:47 PM
Got medical RFE at 485 stage.Here are RFE details :
The civil surgeon's signature on the supplement Form to I-693 submmitted with your application to adjust status is photocopy and is therefore unacceptable.Your original Supplement Form to I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enlclosed Supplemental Form I-693 to the civil surgeon who administered your vaccinations.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the Supplemental Form to I-693 and place it in a sealed envelope before returning it to you.
The medical examination report,Form I-693 submitted with your application to adjust status ,also contains a photocopied signature and is therefore unacceptable.Your orginal Form I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enclosed Form I-693 to civil surgeon who conducted your medical examination.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the medical examination recorded on the I-693 and must sign and date the form in the space provided.
Did anyone receive similar RFE?If yes,how did you handle this RFE?
Do I need to take the tests again?
Can doctor fill a new form based on the previous results.
Appreciate your help and guidance in this matter.
Thanks
The civil surgeon's signature on the supplement Form to I-693 submmitted with your application to adjust status is photocopy and is therefore unacceptable.Your original Supplement Form to I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enlclosed Supplemental Form I-693 to the civil surgeon who administered your vaccinations.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the Supplemental Form to I-693 and place it in a sealed envelope before returning it to you.
The medical examination report,Form I-693 submitted with your application to adjust status ,also contains a photocopied signature and is therefore unacceptable.Your orginal Form I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enclosed Form I-693 to civil surgeon who conducted your medical examination.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the medical examination recorded on the I-693 and must sign and date the form in the space provided.
Did anyone receive similar RFE?If yes,how did you handle this RFE?
Do I need to take the tests again?
Can doctor fill a new form based on the previous results.
Appreciate your help and guidance in this matter.
Thanks
more...
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vicks_don
04-18 10:34 AM
I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
Thanks.
Thanks.
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saro28
12-20 08:13 PM
To my surprise, we just received both EAD & AP with corrected information. The mail room person did put in a folder and sent it overnight DHL. Sweet!
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pappu
06-13 03:56 PM
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
Templarian
11-26 12:24 AM
:lol: Fixed. but I refuse to use a jpeg
milind70
07-17 04:11 PM
So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
I think you need to be in US when the application reaches the USCIS office.
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
I think you need to be in US when the application reaches the USCIS office.
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.
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