nogc_noproblem
10-23 08:50 PM
Thanks Vivek (Walking_Dude) for taking effort and arranging this. Nice meeting all of you at Troy.
Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.
It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.
Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.
It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.
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imneedy
02-05 10:12 AM
Shahuja and Raju,
thanks for your reply, let's hope you get them soon.
thanks for your reply, let's hope you get them soon.
balan2008
07-08 01:19 PM
Thanks guys for your valuable support and advice.
balan.
balan.
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andhrawala
11-18 01:49 PM
Hi GCInLimbo,
I also did the same thing what you did. I applied for my h1 extension and as it was pending for the last 6 months I joined a different employer by filing a new H1B (Approved after premium processing). So, I was without any approved H1 for 6 months (basically maintained legal status on pending H1).
Now, my old employer reverted the pending H1B as I left the company.
I also applied for my I-485 with my old employer in 2007, but I have not received NOID so far. Looking at your case I may also get a NOID.
Please update me of how are you proceeding with your case.
Thanks,
I also did the same thing what you did. I applied for my h1 extension and as it was pending for the last 6 months I joined a different employer by filing a new H1B (Approved after premium processing). So, I was without any approved H1 for 6 months (basically maintained legal status on pending H1).
Now, my old employer reverted the pending H1B as I left the company.
I also applied for my I-485 with my old employer in 2007, but I have not received NOID so far. Looking at your case I may also get a NOID.
Please update me of how are you proceeding with your case.
Thanks,
more...
sasimks75
08-23 06:10 PM
To aarzoo, did you apply the I140 again in EB2? i am in the same boat. My lawyer said the samething and applied another i140 in Eb2. Can you please let me know your experience? Mine is applied in July 6th 2010.
casinoroyale
01-07 09:11 AM
I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.
more...
madaram
08-09 11:25 AM
pls read what sensenbrenner has to say.
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/08/09/EDGOBIQ0KA1.DTL
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/08/09/EDGOBIQ0KA1.DTL
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bondgoli007
07-14 04:39 PM
I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
more...
contact
04-27 10:45 AM
whether the incident is true or not, IV member is trying to caution us that we should be fully focused when the officer examines our passport.
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h_shaik
11-14 04:12 PM
Your employer gave you a red mark.
somebody gave red mark...what happened???
somebody gave red mark...what happened???
more...
eldrick
08-16 01:41 PM
Hi,
My husband's company is paying for his 485 fees but not for me. I'm just wondering if they should charge me a separate legal fee for this case?
My understanding is legal fee already covers for both me and my husband and this has already been paid of by the Company. And now they are charging us a separate legal fee for me also as spouse.
Thanks for your advise.
My husband's company is paying for his 485 fees but not for me. I'm just wondering if they should charge me a separate legal fee for this case?
My understanding is legal fee already covers for both me and my husband and this has already been paid of by the Company. And now they are charging us a separate legal fee for me also as spouse.
Thanks for your advise.
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njdude26
08-26 12:35 PM
Does MBA help you qualify under STEM?
Is it accredited university?
You will get some relief if SKIL goes through because so many people will be exempted from cap. why do you want to break your back by studying for another degree whihc you are not interested 100%i dont know if i will be breaking my back ! i think it will just make my pocket lighter !
how do i find out which univerisity is accredited or not ?
Is it accredited university?
You will get some relief if SKIL goes through because so many people will be exempted from cap. why do you want to break your back by studying for another degree whihc you are not interested 100%i dont know if i will be breaking my back ! i think it will just make my pocket lighter !
how do i find out which univerisity is accredited or not ?
more...
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martinvisalaw
06-15 11:46 AM
You should have no problem filing a 2nd 485 even though you already have one pending. This happens often, especially when a foreign national marries a US citizen while an employment-based 485 is pending. I've prepared this type of case many times. the faster 485 will be approved (hopefully), so the slower one will be denied because you already have permanent residence at that point.
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ziggy7bs
03-19 12:17 PM
I have already started procedure for filing a new PERM. Nothing will work the lawyer said. We have to file a new PERM.
try your senator. I might work. they have special staff at uscis. i am going to try it and see if they can get uscis to accept I-140.
try your senator. I might work. they have special staff at uscis. i am going to try it and see if they can get uscis to accept I-140.
more...
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murali3000
03-04 12:09 PM
I do a short term stock trading with great profits , if you want I can share my stock picks , PM me.
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sbdol
07-29 02:07 AM
My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....
You would agree that the majority of the July gold rush comes from two sources:
1. Those who waited till their PD becomes current.
2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.
The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.
You would agree that the majority of the July gold rush comes from two sources:
1. Those who waited till their PD becomes current.
2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.
The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.
more...
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gc_on_demand
09-06 12:04 PM
Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
If you can try for it that will make your GC faster.
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
If you can try for it that will make your GC faster.
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naturopathicpt
06-29 04:53 PM
Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
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s.m.srinivas
04-03 08:30 PM
Today I received denial notice from USCIS. The reason for denial is that "THE RFE RESPONSE WAS RECEIVED LATELY, HENCE DENIED". The last date for reception of RFE response was on 22nd March 2009 & They claim that they received it on 23rd March 2009. 22nd March was Sunday & more over we have proof from FEDEX deliver report that it was delivered by morning 10:30 AM on 20th March 2009.
I believe this is error from USCIS. My attorney did call Customer Care and spoke to them & they said to send letter with proof, they will forward it to USCIS & they said there is no guarantee that they will again open the case by themselves.
We did immediately sent letter with proof of FEDEX delivery report and as well as RESPONSE to RFE & we made sure that it will be delivered by monday April 6th 2009.
My attorney suggested the following:
We will wait atleast 2 weeks for to see whether they consider their mistake and open the case or ask us to open MTR with immediate effect
IF they don't in two weeks, we will appeal for the denial
Once MTR/appeal is open, we can prove it's their mistake & there is always good chance
Once the status changes to MTR/appeal, then you can either apply for fresh H1B from other employer on premium process or live to your country it's your choice.
Now my question to you all is, whatever he is saying is this correct? I am worried about becoming illegal. I don't WANT TO BE HERE ILLEGALLY. I WOULD RATHER GO BACK TO MY COUNTRY THAN BEING HERE ILLEGALLY & FACE PROBLEMS.. PLEASE DO GUIDE ME
I believe this is error from USCIS. My attorney did call Customer Care and spoke to them & they said to send letter with proof, they will forward it to USCIS & they said there is no guarantee that they will again open the case by themselves.
We did immediately sent letter with proof of FEDEX delivery report and as well as RESPONSE to RFE & we made sure that it will be delivered by monday April 6th 2009.
My attorney suggested the following:
We will wait atleast 2 weeks for to see whether they consider their mistake and open the case or ask us to open MTR with immediate effect
IF they don't in two weeks, we will appeal for the denial
Once MTR/appeal is open, we can prove it's their mistake & there is always good chance
Once the status changes to MTR/appeal, then you can either apply for fresh H1B from other employer on premium process or live to your country it's your choice.
Now my question to you all is, whatever he is saying is this correct? I am worried about becoming illegal. I don't WANT TO BE HERE ILLEGALLY. I WOULD RATHER GO BACK TO MY COUNTRY THAN BEING HERE ILLEGALLY & FACE PROBLEMS.. PLEASE DO GUIDE ME
glus
02-20 10:36 AM
Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.
The INA (Immigration and naturalization act) allows for one to adjust to GC holder even if
one is illegaly present in the U.S. as long as one:
1. Is married to a U.S. citizen;
2. Is otherwise admissible to the U.S. and;
3. Has entered to the U.S. via legal means.
If all of the above are true, the case is relatively simple in nature for as long as the marriage is a legitimate one.
The INA (Immigration and naturalization act) allows for one to adjust to GC holder even if
one is illegaly present in the U.S. as long as one:
1. Is married to a U.S. citizen;
2. Is otherwise admissible to the U.S. and;
3. Has entered to the U.S. via legal means.
If all of the above are true, the case is relatively simple in nature for as long as the marriage is a legitimate one.
tnite
07-26 09:27 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
But looking at the possible choice you have mentioned :
1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.
2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.
3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.
But my choice would be the first one. It's not risky for the reasons I had mentioned.
my 2 cents
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
But looking at the possible choice you have mentioned :
1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.
2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.
3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.
But my choice would be the first one. It's not risky for the reasons I had mentioned.
my 2 cents