snhn
06-15 04:40 PM
Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
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hotshots
06-22 11:16 AM
My friend who is currently working for a IT consulting firm has applied for H1B transfer to a direct hire position with a leading healthcare co. He is currently maintaining H1B status, working and getting paid.
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
srijay
08-05 08:41 PM
It is August now and I have almost completed 3 years of my H1 (with a consulting firm) and I am due for my renewal by end of September this year. I have all paychecks proper so far. At this time, I badly want to go back to H4 for a short break while I keep looking for full time positions in the market. Due to recession and my location constraints, I am expecting an offer only after a few months from now. So, is it possible to get a change of status to renewed H1 immediately after I get an offer? How long will this processing take? Will a potential new employer be hesitant to offer a position because of this? My current employer is not willing to sponsor for my renewal. What is the cost of H1B renewal under normal circumstances?
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saimrathi
07-18 09:52 AM
lets fight to recapture Visa numbers from the previous years.. As this article rightly points us, the road ahead:
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
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krish420
08-14 10:05 AM
For my marriage, I applied for her appointment at the consulate on L2. The date was set such that we would have our marriage certificate by then. When she went for the interview, she showed them the marriage certificate, and got the L2 approved.
If she is planning to change her name, then it gets complicated as she can only fix an appointment at the consulate after updating her name, passport, marriage certificate etc etc etc
If she is planning to change her name, then it gets complicated as she can only fix an appointment at the consulate after updating her name, passport, marriage certificate etc etc etc
Devils_Advocate
05-07 01:10 AM
As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.
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dohko
01-11 09:15 PM
Well I have some experience, but It was before I got my Bachelors. Would that count?
So if the company requires an MBA + 0 for the job that could work?
So if the company requires an MBA + 0 for the job that could work?
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kirupa
06-10 06:30 PM
Sorry for the delay unchew. Added all 4 of your stamps up :)
more...
kevnss
04-02 02:35 PM
Thanks for the useful information.
Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.
Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.
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RNGC
02-23 05:00 PM
Yep. I watched it too. Nothing about legal immigrants who came on visas. Gonzales says "We are not going to sacrifice security and quality for production". So, coming from the chief himself...that says it all. What we can derive from that is...the mentality of USCIS seems to be to prolong the process as much as possible thus raking in the moolah for USCIS and at the same time defend their actions by playing the "Quality" and "Security" ball game. Not sure if anybody can change their attitude towards legal immigrants.
I saw the programme too....It was so stupid of Gonzales! If they are going to take 6 months to find out that a person is terrorist, isn't that stupid! Should'nt they find that out in few hours instead of taking 6 months or for that matter 2-3 years for security clearence! What to say! Just have to live with it!
I saw the programme too....It was so stupid of Gonzales! If they are going to take 6 months to find out that a person is terrorist, isn't that stupid! Should'nt they find that out in few hours instead of taking 6 months or for that matter 2-3 years for security clearence! What to say! Just have to live with it!
more...
sri2007
05-05 10:14 PM
Gurus,
Pls advice
1. Does Employer still have any ways to revoke the I140 even after 180days crossed from the filling of I485, if Iam transfering my H1 to other company.
2. Also for new job if I were to get title such as Senior Software Engineer, or Data engineer wherein my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though responsibilities match in both the jobs.
Pls advice
1. Does Employer still have any ways to revoke the I140 even after 180days crossed from the filling of I485, if Iam transfering my H1 to other company.
2. Also for new job if I were to get title such as Senior Software Engineer, or Data engineer wherein my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though responsibilities match in both the jobs.
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anishNewbie
09-02 02:49 PM
Admin please delete this thread.. as this a repost.. I have same another thread going..
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karthiknv143
09-16 02:59 PM
Processing dates are bogus.. Don't rely on that.
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GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
more...
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eadguru
10-04 11:34 AM
My self and my wife both are on H1B. Both are working for different companies.
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
EadGuru
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
EadGuru
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sanju
07-27 11:51 AM
if there was something IV core would have informed us and suggested action items..
as of now concentrate on 2 action items
- Sending Thankyou cards
- Upload IV video on utube
Thanks for saying that jonty_11. It seems most members do not want to do the things requested to us by the IV core team. We just want them to provide us "service" by working to answer our personal questions which we should be asking paid lawyers, we just want to logon to the website to get the latest news and think the IV core team is simply idiot to request us to send out Thank You cards and put YouTube videos. There is no scarcity or ranting on the forums about personal situations, patriotism, logic, economic arguments, and our our personal belief system whenever we find someone in conflict with us. However, most people do not want to function as a community and want others to prepare a list of amendments for them so that they do not have to do their homework, so that they could get their green cards sooner.
Guys, please do not post messages for the sake of posting messages. Each post takes away many man hours when thousands of people are reading the post. This is time spent away from important activity. Most members are simply posting new threads over and over again, asking the same question. I am not able to understand why do people not want to search for an answer to their question in the earlier posts. Why do we have to spend time in reading and answering same set of questions over and over again?
And why do we ask others to put a list of all the amendments? If we want answer to this question, why can't one spend time and prepare a list and post that list sharing the information with others? No offense meant, I am simply trying to understand.
as of now concentrate on 2 action items
- Sending Thankyou cards
- Upload IV video on utube
Thanks for saying that jonty_11. It seems most members do not want to do the things requested to us by the IV core team. We just want them to provide us "service" by working to answer our personal questions which we should be asking paid lawyers, we just want to logon to the website to get the latest news and think the IV core team is simply idiot to request us to send out Thank You cards and put YouTube videos. There is no scarcity or ranting on the forums about personal situations, patriotism, logic, economic arguments, and our our personal belief system whenever we find someone in conflict with us. However, most people do not want to function as a community and want others to prepare a list of amendments for them so that they do not have to do their homework, so that they could get their green cards sooner.
Guys, please do not post messages for the sake of posting messages. Each post takes away many man hours when thousands of people are reading the post. This is time spent away from important activity. Most members are simply posting new threads over and over again, asking the same question. I am not able to understand why do people not want to search for an answer to their question in the earlier posts. Why do we have to spend time in reading and answering same set of questions over and over again?
And why do we ask others to put a list of all the amendments? If we want answer to this question, why can't one spend time and prepare a list and post that list sharing the information with others? No offense meant, I am simply trying to understand.
more...
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gc_lover
06-28 09:57 AM
Unless the first company cancels their H1B
But if they had stop paying him then he might have a problem.
But if they had stop paying him then he might have a problem.
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ramaonline
11-24 03:04 AM
kghoshal:
u don't need lc copy - ur attny can request screenshot from dol by emailing the respective BEC u need:
employee / emplr name
state of filing and eb category
Dallas: h1b7yr@dal.dflc.us
Philly: h1b7yr@phi.dflc.us
This link has details
http://immigrationportal.com/showthread.php?t=182326
u don't need lc copy - ur attny can request screenshot from dol by emailing the respective BEC u need:
employee / emplr name
state of filing and eb category
Dallas: h1b7yr@dal.dflc.us
Philly: h1b7yr@phi.dflc.us
This link has details
http://immigrationportal.com/showthread.php?t=182326
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QuintonBermuda
05-06 04:56 PM
I have lived in GA for 5 years...but here is what I found on GSU's site (the school I would like to go to, looks like they have a specific policy):
Information for H-1B Visa holders
H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the
United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.
One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.
I-94 (Arrival/Departure Record)
Form ETA - 9089 Alien Labor Certification Application
I-140 Immigrant Petition for an Alien Worker
Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status
Information for H-1B Visa holders
H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the
United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.
One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.
I-94 (Arrival/Departure Record)
Form ETA - 9089 Alien Labor Certification Application
I-140 Immigrant Petition for an Alien Worker
Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status
harrydr
03-29 10:15 AM
Friend,
Just went thorugh this 3 weeks ago. Same case as yours both for me and my wife. Wrong date stamped on my I-94 while returning from India.
Called the local international airport cutoms division and they made me come down to the airport and after showing the correct documentation issued new I-94 cards with correct I94 dates. Try this and you should face no problems i hope.
I'm from Michigan and i went to the Metro airport in detroit.
Just went thorugh this 3 weeks ago. Same case as yours both for me and my wife. Wrong date stamped on my I-94 while returning from India.
Called the local international airport cutoms division and they made me come down to the airport and after showing the correct documentation issued new I-94 cards with correct I94 dates. Try this and you should face no problems i hope.
I'm from Michigan and i went to the Metro airport in detroit.
mik
06-13 05:16 PM
Hi,
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
