boreal
09-21 11:57 AM
I don't agree with more fees for 485 etc ...
They are already taking too much money out of us ...
Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.
Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??
They are already taking too much money out of us ...
Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.
Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??
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snathan
04-12 07:17 PM
Hi,
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
TO BE OR NO TO BE
06-04 01:54 PM
What happens if the current company withdraws the labour after you have moved to the new company.
Is your h1b 8th year extn invalid..
No your new H1B is valid till it expires.
Is your h1b 8th year extn invalid..
No your new H1B is valid till it expires.
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shiankuraaf
01-06 09:02 AM
February visa bulletin will be out this week any day.
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
I gave you RED for a misleading title for this thread. Be nice and clear.
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
I gave you RED for a misleading title for this thread. Be nice and clear.
more...
chehuan
01-18 10:12 AM
My h1 started in 2009 October which means I have 4 years and 9 months more of h1 left with me
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
AK_GC
07-22 02:42 PM
Or can we work on EAD and let the H1B lapse. The employer is the same. Thanks for the information!
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kaisersose
10-11 02:17 PM
There is no problem here.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
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gc_peshwa
02-11 03:35 PM
Are you are talking about the silicon valley Santa clara firm Chug Law firm? I have dealt with them in the past and they were very knowledgeable and thorough professionals. Deal with confidence!
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greencard_fever
08-19 05:49 PM
Hi Friends,
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
I was in the same situation as your wife when i graduated in 2003 with similar date's as your wife's..there was a notice released by USCIS in 2003 stating that there will be no problem for F1 students to remain in the country legally but not supposed to work provided if you have applied your H1 before OPT-EAD expires and the gap between the OPT and H1 start date will considered as waiting for Change of Status as H1B visa quota was ran out for the students who graduated during May time frame.
Hope this help's and i do not have the link for that Relief notice but i have hard copy PM me if you need it for your RFE submission will fax a copy to you.
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
I was in the same situation as your wife when i graduated in 2003 with similar date's as your wife's..there was a notice released by USCIS in 2003 stating that there will be no problem for F1 students to remain in the country legally but not supposed to work provided if you have applied your H1 before OPT-EAD expires and the gap between the OPT and H1 start date will considered as waiting for Change of Status as H1B visa quota was ran out for the students who graduated during May time frame.
Hope this help's and i do not have the link for that Relief notice but i have hard copy PM me if you need it for your RFE submission will fax a copy to you.
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payur
03-11 08:11 PM
Ok, here is the response from my lawyer:
"You can give back both but make sure that you have a photocopy in your
file. Actually, the 2 I-94 cards have the same number."
"You can give back both but make sure that you have a photocopy in your
file. Actually, the 2 I-94 cards have the same number."
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mkolp
07-07 11:51 AM
Good idea
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BharatPremi
03-13 11:25 AM
Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
Even though it may not bring the result what you want, trying Congressman's office would at least serve the purpose of creating the record which may help you in turn while fighting WOM. So I would definately do that first. Now in theory "Receipt Date" should set the processing date but when you call USCIS they always talk about ND, somehow it seems that they can see only ND.. Yes, that is definately a grey area.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
Even though it may not bring the result what you want, trying Congressman's office would at least serve the purpose of creating the record which may help you in turn while fighting WOM. So I would definately do that first. Now in theory "Receipt Date" should set the processing date but when you call USCIS they always talk about ND, somehow it seems that they can see only ND.. Yes, that is definately a grey area.
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OLDMONK
07-23 12:13 PM
Dont know whether it matters.
But R. Mickels.
But R. Mickels.
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interchip54
08-03 07:36 AM
The first thing to consider is the job requirement. It must require a minimum of a master's degree or a Bachelor degree plus 5 years progressive experience. If the job description has that requirement, and you have the required background, then it can be filed as EB2. In your case the job description states a minimum of a bachelor's degree and 3 or 4 years experience. This would only qualify as EB3, regarless of your credentials.
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andy garcia
09-08 07:53 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
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newhandle
03-05 03:28 PM
It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.
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naan
07-15 10:02 PM
http://www.youtube.com/watch?v=qP79UslTUr8
http://www.youtube.com/watch?v=ovhoH0ZW0No
MSNBC coverage of the July 2nd Fiasco.
http://www.youtube.com/watch?v=ovhoH0ZW0No
MSNBC coverage of the July 2nd Fiasco.
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gconmymind
08-15 02:13 PM
The whole non-compete agreement is a cruel joke on the employee who finds his own project. All these incapable bad desi employers ban the employee from joining the client whom the employee got them in the first place.
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....
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guy03062
03-17 11:08 AM
Great job, Jay!
baburob2
05-30 08:16 PM
make sure you do the transfer to H1B to Company B before Company A revokes the I-140 to be on the safer side and get the 3 year extension. Then you could transfer the old PD on to your new GC you start with company B.
shortchanged
08-28 12:14 PM
Now that I do have receipts- should I go ahead and stop payment on the 2nd set??
I would wait until your money is actually deducted from the bank account to be 100% sure that there is no issue with regards to your checks.Then possibly you could ask for stop payments on your check.
Actually I have read before in UsCIS site that they will try to resubmit the check one more time before rejecting or accepting the forms.So hopefully they will resubmit it again, and since you have reversed your stop payment everything should be OK with your july2 filing. Again it is very reassuring that you have got the Receipts, and that is a sign that it was indeed properly filed, because they reject anything which was improperly filed.
In my case the money is already deducted from the bank account, and I have check cashed images online. so I have asked for stoppayments,yeah it cost me 150 bucks for 5 checks ouch...
I would wait until your money is actually deducted from the bank account to be 100% sure that there is no issue with regards to your checks.Then possibly you could ask for stop payments on your check.
Actually I have read before in UsCIS site that they will try to resubmit the check one more time before rejecting or accepting the forms.So hopefully they will resubmit it again, and since you have reversed your stop payment everything should be OK with your july2 filing. Again it is very reassuring that you have got the Receipts, and that is a sign that it was indeed properly filed, because they reject anything which was improperly filed.
In my case the money is already deducted from the bank account, and I have check cashed images online. so I have asked for stoppayments,yeah it cost me 150 bucks for 5 checks ouch...
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