I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
My PD is Aug 2005. My employer by mistake sent the 485 application on June 27 and USCIS received on June 28. Today Aug 21, I received the rejected 485 full package back. Employer is following up whether it can sent back. Anybody has any idea of any luck in this case, or has to wait till dates are current again?:mad:
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
My PD is Aug 2005. My employer by mistake sent the 485 application on June 27 and USCIS received on June 28. Today Aug 21, I received the rejected 485 full package back. Employer is following up whether it can sent back. Anybody has any idea of any luck in this case, or has to wait till dates are current again?:mad:
wallpaper comMore Love quotes page
HAHA too funny how this thread backfired. This is what happens when you don't read off it enough before you post in order to get a feel of the "personalities" on here.
Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
Don't even think about that, unless you want to go to jail. They can easily find out if you were staying in US while your marriage tookplace in India.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
Don't even think about that, unless you want to go to jail. They can easily find out if you were staying in US while your marriage tookplace in India.
2011 true love quotes in tamil. sad
can you post a link please?
Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.
I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.
If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.
If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....
If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....
with me?
I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.
If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.
If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....
If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....
with me?
You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!Find the pdf with the questions he asked and compare to the answers they gave.
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!
2010 tamil love quotes wallpapers
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
.jpg "love quotes in tamil. Best Love Quotes In Tamil. est love quotes ever;")
Please call/email your friends too
hair best love quotes in tamil.
not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scaryLook at the number of people who posted messages to this thread .... even if you say 4 times that number of people posted messages to WhiteHouse.gov it is no where close to the numbers we need .... Lets not kid ourselves - Unless there is a miracle - most of us are looking at aleast another 3-4 year wait :(
Case Rejected because of Incorrect Fee
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
NH123,
can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.
Thanks!
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
NH123,
can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.
Thanks!
hot tamil love quotes wallpapers.
But how do one become out of status?
One way is, if he/she didn't apply for extension, thats the only way. Otherthan that pay stubs, job, bench, these will not make anybody out of status. These are all trash.
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.
One way is, if he/she didn't apply for extension, thats the only way. Otherthan that pay stubs, job, bench, these will not make anybody out of status. These are all trash.
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.
house tamil love quotes wallpapers.
Do not think anything wrong in voting. Atleast so many IV members are again active due to this voting. No harm...
tattoo love quotes for orkut. cute
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
pictures sad love quotes in tamil.
Obama getting ready for 2012 Campaign !!!
(http://www.barackobama.com/get-involved)
(http://www.barackobama.com/get-involved)
dresses love quotes in tamil. love
Folks,
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask students from china to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask students from china to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
makeup love quotes in tamil. Best Love Quotes In Tamil. est love quotes ever;
^^^^BUmp^^^^
girlfriend aspiration quotes. tamil love
Please call up your friends, dust off the old address book, make your friends do the same thing.
hairstyles love quotes in tamil. true
I don't know why do we (EB community) support it?
1. There is no economic sense for DREAM act. You are going to make illegal people legal - without any much restrictions. How about kids of people who are waiting for their GCs (kids born in native country)? Don't you see any unfair treatment handed out to kids of legal immigrants.
2. Why not give them legal status until age of 18 or 21, then they must prove their worth to economy by going to F1 visa , h1 visa & using available path to immigration?
3. It is about re-uniting families - There are people struggling in legal immigration queue who want to unite with their families - parents - there is no provision in law or effort of making it possible.
This is all politics & I will never support it.
1. There is no economic sense for DREAM act. You are going to make illegal people legal - without any much restrictions. How about kids of people who are waiting for their GCs (kids born in native country)? Don't you see any unfair treatment handed out to kids of legal immigrants.
2. Why not give them legal status until age of 18 or 21, then they must prove their worth to economy by going to F1 visa , h1 visa & using available path to immigration?
3. It is about re-uniting families - There are people struggling in legal immigration queue who want to unite with their families - parents - there is no provision in law or effort of making it possible.
This is all politics & I will never support it.
I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
Risk is just your perception. If you feel the new job offer is worth it and will help move forward in your career, you should go for it. Make sure you read all the AC21 posts in this site (and elsewhere) and be prepared.
Good luck!
Good luck!
