copsmart
02-15 01:05 PM
Come on, Man�
Why are you so worried even before knowing whether your company is a TARP receiver or not?
BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.
Relax!!!
Hi rvr_jcop
Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.
Why are you so worried even before knowing whether your company is a TARP receiver or not?
BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.
Relax!!!
Hi rvr_jcop
Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.
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gcwait2007
02-16 11:26 PM
Even though it cost you, I would prefer to keep one's own attorney.
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
Can I invoke AC21 by using H1-B transfer?
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
Can I invoke AC21 by using H1-B transfer?
qualified_trash
12-12 03:00 PM
Hi all,
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
I would do it!! If you are looking for people to help with sweat equity, send me a PM. No kidding!!
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
I would do it!! If you are looking for people to help with sweat equity, send me a PM. No kidding!!
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Ann Ruben
07-12 02:24 PM
You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
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Winner
10-11 09:12 PM
Dear Friend I totally agree with you. I was with one of these employers and have moved away from them. As suggested by some members you can report about these fraudulent activities to DOL. I know it is dufficult to leave these employers as they make the employees to sign bonds and try to capture all the money that they have acquired in PF etc back in the native country.
These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.
I know there are some members in this forum who will try to shout you down and make you quite.
But I feel if one believe in what is right then one should go ahead irrespective of what others think.
Now that you have left your abusive employer, would you mind disclosing your ex-employer information?
These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.
I know there are some members in this forum who will try to shout you down and make you quite.
But I feel if one believe in what is right then one should go ahead irrespective of what others think.
Now that you have left your abusive employer, would you mind disclosing your ex-employer information?
EkAurAaya
07-10 09:55 PM
flush this theory of mine... may be it was just a flook that 9 cases followed a pattern (and i thought i just decoded it LOL)... but this just confirms that applications dont reach Service centers they actually reach a black hole :D
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english_august
09-16 11:57 PM
http://dcrally.blogspot.com/
There are people who are working extremely hard to make this a success. People living within the driving distance of DC - please, there is still time. This rally will be a great occasion to network, learn and stand up for your issues. Just imagine the energy and buzz coming out from this rally. If you can make it, please do so.
There are people who are working extremely hard to make this a success. People living within the driving distance of DC - please, there is still time. This rally will be a great occasion to network, learn and stand up for your issues. Just imagine the energy and buzz coming out from this rally. If you can make it, please do so.
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SGP
12-11 04:09 PM
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
Upgrading to Premium is actually an upgrade of existing case. It is NOT a new application. You have to pay the premium processing fees though. It feels like being back home, asking to push the file up. You know what I am trying to say.
Upgrading to Premium is actually an upgrade of existing case. It is NOT a new application. You have to pay the premium processing fees though. It feels like being back home, asking to push the file up. You know what I am trying to say.
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chanduv23
09-04 11:31 AM
Please sign up for the event
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deardar
09-29 01:39 PM
Thank you
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NKR
09-30 09:29 AM
Its hard to gauge what they are trying to do here by mentioning that the processing dates are accurate only as of July 31, 2008. But just attempting to make a few guesses. I might be totally wrong though
- May be they are trying to cover up their silly, non-backable acts of swinging Processing Dates back and forth as a pendulum. And hence keep the web posting data perpetually at a older date, so that if some official corners them they can say "Oh, forget the web data, it is out of date. Here's the more updated *internal* info" . But at the same time to the general public , they can point to "Go look at the web data, I can't open a service request for you based on where the processing dates are at" and thus avoid all accountability and head aches of opening service requests etc.
- May be they are going to fast forward the dates now that the PDs are retrogressed and people can't file service requests left and right based on processing dates outside normal processing times.
Dude, you reasoning does makes sense in this thread and in the other thread where people are talking about asking for accountability.
On a side note, I notice that your PD is in 2001 and your id is optimistic. Hope you keep the optimism alive�
Take an infopass appointment to know if your name check is cleared. I did the same, I couldn�t find out what was happening to my case, but I did find out that my background is cleared.
- May be they are trying to cover up their silly, non-backable acts of swinging Processing Dates back and forth as a pendulum. And hence keep the web posting data perpetually at a older date, so that if some official corners them they can say "Oh, forget the web data, it is out of date. Here's the more updated *internal* info" . But at the same time to the general public , they can point to "Go look at the web data, I can't open a service request for you based on where the processing dates are at" and thus avoid all accountability and head aches of opening service requests etc.
- May be they are going to fast forward the dates now that the PDs are retrogressed and people can't file service requests left and right based on processing dates outside normal processing times.
Dude, you reasoning does makes sense in this thread and in the other thread where people are talking about asking for accountability.
On a side note, I notice that your PD is in 2001 and your id is optimistic. Hope you keep the optimism alive�
Take an infopass appointment to know if your name check is cleared. I did the same, I couldn�t find out what was happening to my case, but I did find out that my background is cleared.
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rbalaji5
02-20 01:27 PM
Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
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raminmd
09-15 01:11 PM
I would like to think that there are lots of members who are interested in participating in campaigns like this. I participate in most of IV campaigns and have sent flowers and called all reps for 5882. This is a campaign that I would be interested in participating in. If you are going to chat about this on IV chat (which many members cannot access because of restrictions), then please post the transcript and summary here so that we can at least understand the viewpoints of the participants and the action plan.
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cvk90
07-05 11:46 AM
Hello,
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
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chanduv23
09-14 11:54 AM
Lou Dobbs And His Anti Immigrant Cronjies Already Spreading Roumors That Lot Of Immigrants From Countries Like India Are Illegal.
Lets Shut Their Mouths.
If We Are Quiet, We Will Be Labelled By Lou, Ron Hira, Roy Beck, John Miano In Whatever Terms They Want To Label Us.
Lets Shut Their Mouths.
If We Are Quiet, We Will Be Labelled By Lou, Ron Hira, Roy Beck, John Miano In Whatever Terms They Want To Label Us.
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chanduv23
09-17 03:18 PM
Chanduv23,
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
Definitely - thanks.
We must get a big crowd and from what I understood while interacting with the community is that many just forgeet where they have come from, thee freedomm they get here have made them forget the facts that there are times when we must all stand up and support each other.
I do not have any ill feelings about anyone - but my attempt was just to push those who are sitting on the fence and just taking things for granted.
Remember - if you don't care for your farmers - after a while - you won't have food.
Life is not all about being lethargic and not caring for things that matter
When things go bad it is we who have to correct them - we must make sure they never happen to our children
Our sole aim in life is to strive towards a better world for our children and not a sinful world - we cannot afford to make this world a graveyard for our children.
Aman Kapoor has given all of us this wonderful platform to stand up for oursleves. Just imagine what would haappen to the community when July 2nd happened and IV was not there? Everyone would be cribbing and talking about lawsuits and the sotry will go on
Peace and unity have helped in the past to bring about meaningful changes and will always continue to be so.
All we have to do is to unite and stand up for oursleves.
So, lets all go to DC and support IV for taking up this wonderful task
Remember - no where in the modern day world do we see such grass roots efforts trying to fix the ourdated Law of Land off the World's most powerful and greatest nation.
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
Definitely - thanks.
We must get a big crowd and from what I understood while interacting with the community is that many just forgeet where they have come from, thee freedomm they get here have made them forget the facts that there are times when we must all stand up and support each other.
I do not have any ill feelings about anyone - but my attempt was just to push those who are sitting on the fence and just taking things for granted.
Remember - if you don't care for your farmers - after a while - you won't have food.
Life is not all about being lethargic and not caring for things that matter
When things go bad it is we who have to correct them - we must make sure they never happen to our children
Our sole aim in life is to strive towards a better world for our children and not a sinful world - we cannot afford to make this world a graveyard for our children.
Aman Kapoor has given all of us this wonderful platform to stand up for oursleves. Just imagine what would haappen to the community when July 2nd happened and IV was not there? Everyone would be cribbing and talking about lawsuits and the sotry will go on
Peace and unity have helped in the past to bring about meaningful changes and will always continue to be so.
All we have to do is to unite and stand up for oursleves.
So, lets all go to DC and support IV for taking up this wonderful task
Remember - no where in the modern day world do we see such grass roots efforts trying to fix the ourdated Law of Land off the World's most powerful and greatest nation.
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andy garcia
09-27 02:18 PM
Lou Dobbs need to talk to Heenan and not the vice-versa :)
If a == b then b == a :confused:
If a == b then b == a :confused:
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funny
08-13 03:46 PM
Folks,
Do you know if USCIS is still waiting for NC to be cleared before approving the 485 application? Are they following the memo ( >180 days doen't matter) or not?
Thanks
Do you know if USCIS is still waiting for NC to be cleared before approving the 485 application? Are they following the memo ( >180 days doen't matter) or not?
Thanks
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Escape_Velocity
04-10 12:48 PM
GC Struggle, I am not sure about your comments on "reactivated by filing an amendment with USCIS" to get back to H1B status after being employed with EAD. As per my understanding once you had utlized EAD then if one wants to go back to H1B then it is like a NEW H1B petition and NOT just claiming your old H1B. If possible could you pls provide a link to official document stating the approach suggested in your post.
Wish_Good
05-07 01:00 AM
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
tselva
07-05 08:15 PM
I have just thought of something (don't know that anyone discussed this in our forum), what if USCIS do not reject the cases filed for July and keep the packages back for few months or years, just saying...
a) Need to record each application that they have received
b) Need to make sure that there are no concurrent I-140 filings
c) Need to differentiate the packages received in June and July
d) Etc
e) Etc
What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?
What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....
What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?
Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?
a) Need to record each application that they have received
b) Need to make sure that there are no concurrent I-140 filings
c) Need to differentiate the packages received in June and July
d) Etc
e) Etc
What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?
What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....
What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?
Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?
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