Not really, broadly speaking lack of information can never be a benefit to consumer. (Read: hidden clauses in agreements). It might be that they have been doing that and we don't know. You will ONLY know if you apply for another H1B transfer or any other application say I-140/I-485 with new employer and then USCIS MIGHT tell you that your I-140 is revoked on MM/DD/YYYY and you are no longer in valid H1B status since then. That would be too late and it is not retroactive. Remember that onus is on you to maintain valid H1B status all the time during the period of H1B. Once again I am not saying what I mention above is the correct interpretation of law, but in the absence of any clarify it can be one of the implication.
then it is to our benefit that they dont clarify it for as long as possible, bec normally any decisions are not retroactive but only for cases going forward.
then it is to our benefit that they dont clarify it for as long as possible, bec normally any decisions are not retroactive but only for cases going forward.
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Of Satyam's reported cash and bank balances of 53.61 billion rupees on Sept. 30, 50.4 billion rupees was non-existent, Raju said in the letter sent to the Bombay Stock Exchange.
oh..is that true..
I tired to read economic times and couldnt understand how much they cooked.
sucha big scam..employees will be on the edge now
oh..is that true..
I tired to read economic times and couldnt understand how much they cooked.
sucha big scam..employees will be on the edge now
Thanks for advice. Yes my last M.Sc. and Ph.D. from the USA.
Could you please clarify what "find out NIW holders in your / related engg field"? How can I find out?
Do you believe EB2-NIW is easier than EB1-OR?
Thank you,
John
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.
BTW, is any degree of you from US?
Could you please clarify what "find out NIW holders in your / related engg field"? How can I find out?
Do you believe EB2-NIW is easier than EB1-OR?
Thank you,
John
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.
BTW, is any degree of you from US?
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In our case, the primary applicant has received FP but the dependent has not yet received, has this happened to anyone?
I called Customer Service and now they ask that we wait 180 days from the time the case is transferred to NSC before enquiring about it !
My spouse got the FP but I'm waiting. I'm the primary. I opened 2 SRs but only my wife got the FP, whereas I got a notice to basically wait. god knows
I called Customer Service and now they ask that we wait 180 days from the time the case is transferred to NSC before enquiring about it !
My spouse got the FP but I'm waiting. I'm the primary. I opened 2 SRs but only my wife got the FP, whereas I got a notice to basically wait. god knows
My son was able to get in-state tuition at Arizona State University after we filed an appeal. The new rule allows those who have filed I-485 to get in-state tuition.
http://students.asu.edu/files/Visa%20Types%20and%20Residency%20Eligibility.pdf
http://students.asu.edu/files/Visa%20Types%20and%20Residency%20Eligibility.pdf
I recently moved to Cincinnati, OH.
My I-485 was filled in TSC; when I did an e-file today for I-131, the receipt confirmation documents to send it to TSC.
All other documents on the uscis site suggest sending it to NSC based on OH State.
Any suggestions will be appreciated.
My I-485 was filled in TSC; when I did an e-file today for I-131, the receipt confirmation documents to send it to TSC.
All other documents on the uscis site suggest sending it to NSC based on OH State.
Any suggestions will be appreciated.
Hi breddy2000:
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
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Same here. I appled on 14th. April and still waitting.
I efiled my EAD in NSC on April 16th and Still I am waiting.
I efiled my EAD in NSC on April 16th and Still I am waiting.
The failure of the D2H to be even remotely competitive with the 1D Mk 11 even though both cameras had similar development cycles is simply a embarrassment.
But Pope I thought 4 MP is all PJ's want ;)
But Pope I thought 4 MP is all PJ's want ;)
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I have a question regarding use of EAD and living in Canada
My scenario
Currrently, I work on H1-B and am living in Canada (I cross US-Canada border everyday)
I am also a Canadian Citizen and used that to cross border everyday. So, far I never used the EAD
I recently got laid off, and planing on using my EAD for my next employment.
Questions
Once I start using the EAD, can I still live in Canada and work in US.
Is it necessary to live in US if one starts using EAD?
My scenario
Currrently, I work on H1-B and am living in Canada (I cross US-Canada border everyday)
I am also a Canadian Citizen and used that to cross border everyday. So, far I never used the EAD
I recently got laid off, and planing on using my EAD for my next employment.
Questions
Once I start using the EAD, can I still live in Canada and work in US.
Is it necessary to live in US if one starts using EAD?
Okay. I was able to talk to my attorney just a few minutes ago. He said, to do interfiling , you do not need to have PD current based on new I-140 as this is just a case update with new 140 information. He said that in any case, your 485 will be picked based on PD. I found him very very confident when he was telling me all this info to me.
Question - the PD is never mentioned on the 485, it comes from the the underlying I140. So this leads me to understand that they'll interfile the I140 with the pending I485 even if our PD isn't current. Hmm...this conflicts with the info posted on www.immigration-law.com.
Question - the PD is never mentioned on the 485, it comes from the the underlying I140. So this leads me to understand that they'll interfile the I140 with the pending I485 even if our PD isn't current. Hmm...this conflicts with the info posted on www.immigration-law.com.
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I just read in Murthy.com that if a H1B is terminated and the same company wants him back they have to pay the entire salary for the period he was out of job. (google H1B employers obligations) So i think that won't be your case. You should be on EAD.
When you are on EAD they need not inform USCIS. There is no need for you to join your old company back.
When you are on EAD they need not inform USCIS. There is no need for you to join your old company back.
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Correct.
Employer can ask for I140 to be withdrawn at any time. However after 6 months, the employee is safe and can invoke AC21.
But this seems to be untrue in the (sanz72 ) case quoted in my previous post on this thread. USCIS denied the I485 application of the applicant and he had to file MTR and wait for a long time to have it opened. One can only imagine the frustration and anxiety he must have suffered during that time.
MTRs do not work all the time as per the experience of some people.
Moral of the story-- GC journey for legal high skilled people is very tough and luck plays an important role in getting a GC.
Employer can ask for I140 to be withdrawn at any time. However after 6 months, the employee is safe and can invoke AC21.
But this seems to be untrue in the (sanz72 ) case quoted in my previous post on this thread. USCIS denied the I485 application of the applicant and he had to file MTR and wait for a long time to have it opened. One can only imagine the frustration and anxiety he must have suffered during that time.
MTRs do not work all the time as per the experience of some people.
Moral of the story-- GC journey for legal high skilled people is very tough and luck plays an important role in getting a GC.
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The con's mostly depend on whether you have already exhausted your 6 years of permitted H1B.
From my understanding if one has approved I-140 and I485 pending > 180 days, 6 year limit on H1b doesn't hold. At my present employer I am on h1b and this is my 9th year. I am quite sure a lot of folks on the forums are in the same situation.
Does anyone think it would be problematic to transfer H1,
if the person is in the > 6 year of stay on H1B
has approved I-140 and
I495 pending > 485 days
From my understanding if one has approved I-140 and I485 pending > 180 days, 6 year limit on H1b doesn't hold. At my present employer I am on h1b and this is my 9th year. I am quite sure a lot of folks on the forums are in the same situation.
Does anyone think it would be problematic to transfer H1,
if the person is in the > 6 year of stay on H1B
has approved I-140 and
I495 pending > 485 days
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Hi,
Are you going to file AC21 now or going to reply Rfe without filing AC21.
Is your lawyer frogamn from CA? Did they infom you about Rfe if not how did you get the Rfe mail.
Thanks
I am planning to file for AC21 along with RFE. My lawyer is frogman but not from CA. I have signed up for online notification at USCIS's website so I knew there was an RFE. RFE itself went to my lawyer and he sent me a copy and arranged a phone call with me to discuss my options.
Are you going to file AC21 now or going to reply Rfe without filing AC21.
Is your lawyer frogamn from CA? Did they infom you about Rfe if not how did you get the Rfe mail.
Thanks
I am planning to file for AC21 along with RFE. My lawyer is frogman but not from CA. I have signed up for online notification at USCIS's website so I knew there was an RFE. RFE itself went to my lawyer and he sent me a copy and arranged a phone call with me to discuss my options.
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One of the blogger named Jhaalaa, posted on 17 Apr 2008 on
Lesson for all e-filers:
1. Try to say you do NOT intend to provide supporting documents for a I-765 for a pending I-485 application (If you have provided I-485 case number and correct Alien number already).
2. Immediately after the e-filing send the supporting documents (well arranged and tabbed in order of significance) with a copy of the e-file receipt. Unless you provide this, the case would NOT progress. I even talked to an IO who stated that I should not send any documents till requested, but its my experience that you should send the documents immediately after the e-filing.
Lesson for all e-filers:
1. Try to say you do NOT intend to provide supporting documents for a I-765 for a pending I-485 application (If you have provided I-485 case number and correct Alien number already).
2. Immediately after the e-filing send the supporting documents (well arranged and tabbed in order of significance) with a copy of the e-file receipt. Unless you provide this, the case would NOT progress. I even talked to an IO who stated that I should not send any documents till requested, but its my experience that you should send the documents immediately after the e-filing.
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1. When you were a student did you carry your I-20 with you all the time?
2. When you were on H-1B did you carry it around?
If your answer is yes, then do carry your GC too!
Friends,
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
2. When you were on H-1B did you carry it around?
If your answer is yes, then do carry your GC too!
Friends,
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
I got my first 'job' like a month ago (I'm 14) and the guy was fine with my age.
Two tips:
-You should tell the person how old you are before you start anything (the person might not want some 14 year old making him a site/movie/graphic).
-Not that you CAN'T speak slang, it's just better not to. I mean do what ever you want, it's just a suggestion.
-bob
Two tips:
-You should tell the person how old you are before you start anything (the person might not want some 14 year old making him a site/movie/graphic).
-Not that you CAN'T speak slang, it's just better not to. I mean do what ever you want, it's just a suggestion.
-bob
The aim of participation on these talk shows is two fold- One to increase the awareness amongst the general masses regarding the problems being faced by legals as the masses are mostly ignorant about out situation. Secondly, for people who are waiting for their GC's and could be potentail members of Immigration Voice for them to join the organization. It has been proven time and again that there is strength in numbers and also the organization needs resources from it's members.
It is a logistical challange to put a program like this together with the host and the panel and IV did a good job at it with knowledgebile authorities like Stuart coming out strongly supporting our cause. Every one felt that the moderation could have been better. It is the skill of Larry King or Neil Conan of NPR that sets them apart but some times there are moderators who are very knowledgible, not necessarily on every issue but are challenged becuase of their heavy accent and other reasons.
One of the posts questioned about the publicity stunt of having a senator on the program. I am not sure if every one realizes the amount of ground work that has to be done to make that happen and must I say that all the efforts were made to get them but it did not work out finally in the end because of issues with timing.
Over all, in my opinion, it was a good program and served IV's agenda.
I would like to thank IV core team for the effort of making our immigration problems public. I could not personally listen to the show and it would be nice if someone posts a link to a recording.
In addition, I know that it may not sound feasible but I have an idea to create our own Internet radio. How you all think?
It is a logistical challange to put a program like this together with the host and the panel and IV did a good job at it with knowledgebile authorities like Stuart coming out strongly supporting our cause. Every one felt that the moderation could have been better. It is the skill of Larry King or Neil Conan of NPR that sets them apart but some times there are moderators who are very knowledgible, not necessarily on every issue but are challenged becuase of their heavy accent and other reasons.
One of the posts questioned about the publicity stunt of having a senator on the program. I am not sure if every one realizes the amount of ground work that has to be done to make that happen and must I say that all the efforts were made to get them but it did not work out finally in the end because of issues with timing.
Over all, in my opinion, it was a good program and served IV's agenda.
I would like to thank IV core team for the effort of making our immigration problems public. I could not personally listen to the show and it would be nice if someone posts a link to a recording.
In addition, I know that it may not sound feasible but I have an idea to create our own Internet radio. How you all think?