beautifulMind
11-19 01:13 PM
what is a LUD?
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JunRN
10-19 08:44 AM
There were about 600,000 AOS applications including the July and August filers. So that number less 60,000...roughly about 540,000 applications still pending with USCIS....
vin
06-14 08:59 PM
whatever it is, recent date developments are related to the CIR. The reality will come to the surface only after the Bill is passed. I would suggest everyone to tread carefully and follow the CIR closely before jumping into filing their 485s and then regret later!
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Michael chertoff
04-11 11:41 AM
How much money is being raised and how it is being used ?
How much money you have donated?
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bestin
10-09 01:41 PM
Thanks for the responses.
YEah i did get my passport renewed rigght after i came back from Canada.
However i totally forgot about my I-94.
So you think the only way to get the i-94 extended is to go out of country.
Even i heard about getting I-94 renewed from major international airports. Does anybody has any further information related to this?
Please advise. GOT THIS FROM Internet
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf
YEah i did get my passport renewed rigght after i came back from Canada.
However i totally forgot about my I-94.
So you think the only way to get the i-94 extended is to go out of country.
Even i heard about getting I-94 renewed from major international airports. Does anybody has any further information related to this?
Please advise. GOT THIS FROM Internet
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf
nixstor
01-23 09:31 PM
Same here. Company attorney mailed 3 year H1/H4 extension today. Hopefully, I will get H4 approval and I-94 before April 1st. If not, I will pray for the H1 cap increase. And if not, I will apply for H1 later this year under Masters quota.
I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?
Well, I am gonna give it a shot by going for PP and hope the H4 extension is approved as well along with 129. I will do that only if H1 cannot be filed for when a H4 application is pending. I am gonna check with some attorneys and will decide. The only catch is if you dont spend 2K or some thing you might lose 50/60K until oct 08 and time is of essence. Who wants to sit idle for so long?
H1B cap of 20K is for students with Masters Degree. If you have Masters Degree, you can file for H1 which will count against that cap. It has got nothing to do with job requirement.
I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?
Well, I am gonna give it a shot by going for PP and hope the H4 extension is approved as well along with 129. I will do that only if H1 cannot be filed for when a H4 application is pending. I am gonna check with some attorneys and will decide. The only catch is if you dont spend 2K or some thing you might lose 50/60K until oct 08 and time is of essence. Who wants to sit idle for so long?
H1B cap of 20K is for students with Masters Degree. If you have Masters Degree, you can file for H1 which will count against that cap. It has got nothing to do with job requirement.
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indyanguy
04-16 02:43 PM
Thanks for sharing your experiences. Is LLC corp employer eligible to do H-1 transfer? I have an American citizen friend who has a LLC corp and work as an independent contractor. Can he file for my H-1 transfer and can I work for him?
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
If he's the only employee, CIS might scrutinize the application for Ability 2 Pay issue. I know friends who've gotten a successful H1 approval from companies with only 4 employees. However, CIS looks into the case in depth if a company is very small.
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
If he's the only employee, CIS might scrutinize the application for Ability 2 Pay issue. I know friends who've gotten a successful H1 approval from companies with only 4 employees. However, CIS looks into the case in depth if a company is very small.
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maddipati1
12-03 03:33 PM
dvb123, good one, thx for posting, very useful,
please post the link to the source
10/31/2008: PERM Filing Alert for IT Occupations and Certain Professional Occupations
please post the link to the source
10/31/2008: PERM Filing Alert for IT Occupations and Certain Professional Occupations
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krishnam70
02-15 12:57 PM
Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that is flies with the USCIS.
Per law you are can get vacation for which the company has to pay you or you can also avail of unpaid vacation.
good luck
kris
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that is flies with the USCIS.
Per law you are can get vacation for which the company has to pay you or you can also avail of unpaid vacation.
good luck
kris
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reddog
04-18 02:42 PM
It is quite possible that this is a data entry error.
And the 2007 was entered as a 2001, keep your fingers crossed and hope for the best.
Hi Guys i got this mail. I dont think i should be getting anything like this. What does it mean to you guys.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case has been sent for a standard interview.
On April 14, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
And the 2007 was entered as a 2001, keep your fingers crossed and hope for the best.
Hi Guys i got this mail. I dont think i should be getting anything like this. What does it mean to you guys.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case has been sent for a standard interview.
On April 14, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
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Green.Tech
03-17 06:59 PM
Say a person has finished his 6 years and got a 3-year extension based on an approved I140. Now, he is working in his 7th year and his 485 gets rejected. Would that mean he still has 2 more years of H-1B or does that mean he loses the remaining 2 years of H-1B time immediately since 485 got rejected?
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javadeveloper
08-18 05:27 PM
Thanks for the responses.I don't know how they managed but some of my friends got approvals in EB2.
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zhou2100
03-25 01:52 PM
Receipt on Nov. 09,2007, No ref, no approval yet.
Very frustrated, especially I am planning to travel outside of America in April.
Very frustrated, especially I am planning to travel outside of America in April.
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boston_gc
04-14 08:46 AM
Does anyone feel that IV core members are getting arrogant with their success?
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coolpal
02-02 10:43 AM
I have applied for H1B extension with my original h1 company (a consulting firm) and due to some pending queries regarding the h1b applications in general for my company, my h1 extension was in pending state with no updates. (I applied around Jun 15th 2008).
Later in dec 2008, I applied for h1 transfer with a new firm, and got a RFE on Jan 7th with similar requests... My lawyer asked me for all my W2's since 2005 (my original h1 start year), pay stubs for the last 4 or 5 months, and letter from end client, prime vendor and myself stating job responsibilities.. I have collected all this information, and they are going to respond to the RFE this week. I hope all goes well...
I have EAD to fall back in case they reject it. But seriously, I was never out of status, or unpaid (unless while on vacation to india or elsewhere).. came to US in 2002 for masters and worked on CPT/OPT for about a year before starting on h1b in oct 2005.
Looks like they are really keen about the consulting firms' benching etc., Hope we;ll all get thru.
Good luck!
pal :)
Later in dec 2008, I applied for h1 transfer with a new firm, and got a RFE on Jan 7th with similar requests... My lawyer asked me for all my W2's since 2005 (my original h1 start year), pay stubs for the last 4 or 5 months, and letter from end client, prime vendor and myself stating job responsibilities.. I have collected all this information, and they are going to respond to the RFE this week. I hope all goes well...
I have EAD to fall back in case they reject it. But seriously, I was never out of status, or unpaid (unless while on vacation to india or elsewhere).. came to US in 2002 for masters and worked on CPT/OPT for about a year before starting on h1b in oct 2005.
Looks like they are really keen about the consulting firms' benching etc., Hope we;ll all get thru.
Good luck!
pal :)
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OLDMONK
07-19 03:17 PM
8 CFR Sec. 245.2(a)(4)(ii)(C) . It says:
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
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fromnaija
05-06 04:47 PM
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
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breddy2000
02-02 01:09 PM
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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chanduv23
06-16 03:50 PM
eb3nepa & srikondoji, it is not just non Indians that not standup, there are close to quarter millions Indians in the queue who follow immigration news and who want things work but just do not want to standup. It could either be "fear" or "no care" attitude. It is true with immigrants from other countries too. Immigrants from all countries have a hidden fear, as it is not their country but a country they want to immigrate to and do not want to do anything that displeases the country. It is factual. Very few people actually have the guts to question.
glus
10-17 09:31 AM
If you enter on AP, but have a valid H1 extension approval to xx date, and the xx date approaches and you are working for only the original H-1 employer maintaining ALL the conditions of H-1, you can request an extension of H1 status and if all is ok and it will be granted and you will get back on H1B non-immigrant status. But until such time, one is not considered in H1 non-immigrant status but "adjustee of status," which is NOT any non-immigrant status.
Read closely if you did not understand the above.
Read closely if you did not understand the above.
ajayabhichandani
05-24 02:56 PM
Done , send from NJ. Keep it up IV
