Received the following RFE on H1B Extension.
Thanks
Raj
Raj,
Sorry to hear about your lengthy RFE. I received a similar RFE but just asked contract documents between my company and client. I have 2 layers in between. My company, Prime Vendor and Client.
I've submitted POs showing the contract and a letter from Prime Vendor stating that I work on a project for Client.
Just responded to the RFE and keeping my fingers crossed.
Hope this helps...
Thanks
Raj
Raj,
Sorry to hear about your lengthy RFE. I received a similar RFE but just asked contract documents between my company and client. I have 2 layers in between. My company, Prime Vendor and Client.
I've submitted POs showing the contract and a letter from Prime Vendor stating that I work on a project for Client.
Just responded to the RFE and keeping my fingers crossed.
Hope this helps...
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Probably a dumb question which was answered before in some other thread.. but just so that I understand better:
Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
If so, how has USCIS handed out these visas historically?
None. USCIS has descrition on it and it has choses that to be the case.
Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
If so, how has USCIS handed out these visas historically?
None. USCIS has descrition on it and it has choses that to be the case.
Hi Macaca:
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.
USCIS has F1 file. Why did they not reject I-140?
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.
USCIS has F1 file. Why did they not reject I-140?
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I think, last week, two threads were locked due to very hot discussion on this issue. This discussion will create more heat again.
"invoke AC21 without waiting for six months" - I completely agree , that is a great idea if it is not asking for too much.
"invoke AC21 without waiting for six months" - I completely agree , that is a great idea if it is not asking for too much.
Any reason why we are all waiting for the August bulletin??? We alrerady know that the visa numbers aren't available for this year...and its also been mentioned by IV that the breaking news that everyonez expecting isnt about the visa bulletin....I am confused...could somebody throw light on this pls..why the wait?? :confused:
How do we know if you have 40 credits?
Where do we check or compute this?
You usually get a SS statement in mail after you have filed your taxes. If you don't, then there is a way to request the statement from www.ssa.gov.
https://secure.ssa.gov/apps6z/isss/main.html
Where do we check or compute this?
You usually get a SS statement in mail after you have filed your taxes. If you don't, then there is a way to request the statement from www.ssa.gov.
https://secure.ssa.gov/apps6z/isss/main.html
That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
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no offense, but with all these trend and analysis we do, there is one more trend I am seeing and that is no analysis or prediction works! if date moves forward for any category that will be temporary, again it will fall back for a year or two in next cycle. IMHO.
Is there a way to put his one on digg.com? It explains the case a lot better than the other article by the ny times reporter.
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contributions have to be voluntary.. finger pointing would be of no good & on the contrary will be counter-productive..
EXACTLY Right GCAmigo!
EXACTLY Right GCAmigo!
thanks for ur input all senoir members .I'll keep u posted when i get notice from CIS .I think MTR nad joining another employer may be my best option .
Thanks for ur input all senior members .
Thanks for ur input all senior members .
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I am in a similar situation and was rejected due to the same reasons.
Has the original poster received any update on their E-file yet?
Has the original poster received any update on their E-file yet?
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I wouldn't care to much if they steamline the process and make all EB categories "Current". If you submit the right documentation these days i-140 does not take more than an month.
But if the retrogression is like this then as well a retrogressed person does not care as in any case he cannot file together. The only people who are affected is the people who are eligible to apply for both with the PD as current. But how many people are there now in that frame of benefit.
So I really feel it should not bother us too much especially people from India. If I am wrong correct me.
But if the retrogression is like this then as well a retrogressed person does not care as in any case he cannot file together. The only people who are affected is the people who are eligible to apply for both with the PD as current. But how many people are there now in that frame of benefit.
So I really feel it should not bother us too much especially people from India. If I am wrong correct me.
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Basically to retain the PD you should have the copy of the I-140 approved and you could retain the PD. Having said that, different lawyers have different interpretations when you switch jobs and retain the PD. Basicallly some lawyers say you could retain the PD even if your old employer uses it for another person after revoking yours, while others say you can't retain PD if your old employer revokes your I-140. However if your old employer willn't revoke your I-140 then you could definetely port your PD with your new employer. If you employer is hesitant to give, you could try asking him other ways if possible for H1B stamping etc.
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dont worry about actual salary being higher than LC salary.
i had the same issue last year...my bonus put my total salary over $50K than what was listed on the LC. i checked with my lawyers and they said that was fine.
Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).
i had the same issue last year...my bonus put my total salary over $50K than what was listed on the LC. i checked with my lawyers and they said that was fine.
Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).
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Hi Attorneys/Seniors,
I got an offer from US company.They themselves started processing the H1 transfer
LCA Story:
Applied Date:02/08/2010
Denied Date:02/17/2010
Denial reason Source of the Wage entered wrongly
ReApplied Date:02/18/2010
Approved Date:02/25/2010
H1 Story(Premium Process):
FedEx Delivery Date: 03/04/2010
USCIS EMail Date:03/15/2010
USCIS Received Date:03/12/2010 (According to Email)
End of Day 03/16/2010 Status online:Acceptance(desc says received date is 03/15/2010 )
Approved Date:03/17/2010( USCIS Email received by 03/18/2010)
Looks like we need a month time to transfer our H1 though.
Are H1 is Really in a speciality Occupation?
When we apply 1st time they are asking all the documents which is fine.
When we apply Extension they are asking all the details with Paystubs,client letter.
When we apply Transfer they are asking all the details with Paystubs.
Unless theyUSCIS) make a rule like H1 can work for any employer we suffer a lot and feel like slaves which is bad.There are lot of mental pressure when we deal with any H1 suff(new H1,H1 transfer,H1 extension).
The problem of changing employer you have to hold your current employer untill your transfer is approved.Also the Transferring company they need to wait for one month.
I got an offer from US company.They themselves started processing the H1 transfer
LCA Story:
Applied Date:02/08/2010
Denied Date:02/17/2010
Denial reason Source of the Wage entered wrongly
ReApplied Date:02/18/2010
Approved Date:02/25/2010
H1 Story(Premium Process):
FedEx Delivery Date: 03/04/2010
USCIS EMail Date:03/15/2010
USCIS Received Date:03/12/2010 (According to Email)
End of Day 03/16/2010 Status online:Acceptance(desc says received date is 03/15/2010 )
Approved Date:03/17/2010( USCIS Email received by 03/18/2010)
Looks like we need a month time to transfer our H1 though.
Are H1 is Really in a speciality Occupation?
When we apply 1st time they are asking all the documents which is fine.
When we apply Extension they are asking all the details with Paystubs,client letter.
When we apply Transfer they are asking all the details with Paystubs.
Unless theyUSCIS) make a rule like H1 can work for any employer we suffer a lot and feel like slaves which is bad.There are lot of mental pressure when we deal with any H1 suff(new H1,H1 transfer,H1 extension).
The problem of changing employer you have to hold your current employer untill your transfer is approved.Also the Transferring company they need to wait for one month.
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Nothing will happens to Mr Raju in India. He will go upto Supream Court (it takes 100 years to get justice ever in murder case in Indian legal system). He will die the age of 100 on bail. :D He will not go to jail like Mr Skilling. our india is different. With Money and Political connection, anything possible in our great INDIA. :)
I am sorry for employees.. Hope company will survive and they will be spared..
Well wait and see many more will be in line........ :D:D:D
I am sorry for employees.. Hope company will survive and they will be spared..
Well wait and see many more will be in line........ :D:D:D
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[QUOTE=pd052009;2116961]GC quota should be based on skillset(1,2,3), not solely based on salary.(remeber, we are talking about future salary here).
we do have it : EB1/EB2/EB3. See EB1 is exploited by 'lot of' people (due to legal loophole) -these people have 4-5 yrs. total work-exp. & get half the salaries & are only 50% useful to US economy than tons of people stuck in eb2 & eb3.
(i know - it is all useless discussion ; won't result in anything).
we do have it : EB1/EB2/EB3. See EB1 is exploited by 'lot of' people (due to legal loophole) -these people have 4-5 yrs. total work-exp. & get half the salaries & are only 50% useful to US economy than tons of people stuck in eb2 & eb3.
(i know - it is all useless discussion ; won't result in anything).
How abt ur exp letters.Do u submit one if so maybe the format or something
also since its a govt organization, my LC juz said 4 years bachelors or equivalent. i do have a Masters from an US state university. so not sure what could be the RFE.. ability of pay is not an issue i guess, cos its govt. what other rfe's are there?
also since its a govt organization, my LC juz said 4 years bachelors or equivalent. i do have a Masters from an US state university. so not sure what could be the RFE.. ability of pay is not an issue i guess, cos its govt. what other rfe's are there?
see below
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
