Thứ Ba, 7 tháng 6, 2011

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  • irukandji
    04-03 09:52 AM
    KPR,
    From my understanding you got your H1B approved(for 3 yrs) beyond 6 yrs even though 140 is once approved and later revoked. But I heard from my lawyers that once 140 is revoked/withdrawn its not possible for H1b extension beyond 6 yrs. Could you please let me know what details you attested for the RFE to convince USCIS? I am also in a kind of similar boat.

    Thanks,
    Vijay




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  • Sai gc
    05-12 09:44 AM
    Hi Gurus please advice,
    My 140 was approved in 2007 ,but today i got email from USCIS ,

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Case Transfered to Another Office for Processing

    On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.


    Any idea, what would be the possible reason for this? Please advice.
    BTW I recently applied for EAD extension.




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  • gcman2005
    10-08 11:04 AM
    Hello,

    I have following situation and need some help on making my travel decision:

    1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.

    2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.

    3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.

    4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.

    5. My pay stubs are still issued with name of Campany A.

    6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us consulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?


    7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?

    8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?

    9. What are the risks in this travel ?




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  • snathan
    07-20 08:01 PM
    Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.

    Dont give misleading information. If you are in H1B for three years without pay stub, its a serious issue.



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  • bbct
    03-14 05:15 PM
    Which service center did you file your I-485 and how come your I-485 was denied by a local USCIS officer? Are you were called for an interview?

    Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.

    Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.

    Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...




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  • acecupid
    06-08 11:57 AM
    Ever since they made I-131 online, its always been a mess. The form usually shows an expired date, and there are lot of glitches applying online. I was hoping USCIS would have improved their system by not since its been online for more than a yr now. But I guess just like the backlogged applications everything moves slow in USCIS.
    I prefer to do the paper filing.



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  • satishku_2000
    02-26 07:36 PM
    I am just wondering where we can find text of legislation ...




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  • rap1357
    06-12 04:36 PM
    Unlucky lot.



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  • archpai
    12-16 09:16 PM
    There is on Ajay chaudhury in houstan.




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  • gc28262
    12-17 08:41 AM
    My company didn't cancel my H1 as they wanted to be in India for a year and return to US. I am still working for the same company that got me the H1.

    I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.

    Thanks.

    Better to comeback by yourself as there is a 1% risk of being turned back from POE.



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  • vikki76
    04-26 03:52 PM
    I am saying this from personal experience. When I was offered a job, I had to supply all these documents and go through this background check process which took 1 month to clear. My friends on H1-B,in other companies also had to go through same process.
    My colleagues,who are US-Citizens and GC holders didn't have to comply with any of it.
    Even in India,everyone has to supply a copy of their educational qualifications.So,it seemed pretty odd to me that why are companies accepting things at face value for Citizens and GC's.Everybody can lie.




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  • GreenCard4US
    03-20 04:57 PM
    http://www.hindu.com/thehindu/holnus/000200903210312.htm
    Saturday, March 21, 2009

    Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.

    The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.

    These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.

    "Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.

    All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.

    "USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.

    This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.

    Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.

    USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.

    While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.

    At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.

    USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.

    The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.



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  • edifier
    07-23 07:40 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...




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  • pixi
    09-13 07:51 PM
    Guitarzen - I think its an awesome idea(not the first), but on the right track.

    In my experience: A flash UI to allow clients to create mockups IS A WICKED IDEA, We did the same.. created a client interface for planning, laoyut and colour schemes.... similar to what you have done but on a larger scale..

    All I can say we failed for a number of reasons,...that clients generally want you to use your experience in communicating their brand to the world ( thats why they pay u). The more clients interfere, the more the channels of communication get closed by their involvement.If however you were to after some research approach the same client and propose a full solution using your knowledge of markets and how to make them money, and build their brand.. u got the signature on the dotted line.

    Its no longer a case of a 15 year old in is bedroom pasting images and text on a blank page- as the same care and attention to consumer taste and choice in a new market ( the internet) .

    I guess what I am trying to say is: this is more aimed at designers wanting to quickly mock-up layouts for clients. Clients themselves want U as a designer to creatively sell their idea or product. With a little more work on the UI, and focused targeting this could grow into something great for newgbie designers wanting to create simple layout schemes and content placement diagrams?

    Athough..... the point of flash surely is to allow creative ideas to flourish outside of the constraints of HTML / block driven content

    unfortunately any applcati0on always has its limits creatively (flash included) - but logic built applications always will give a creative team more headaches if it is available to businesmen with what they think is a "creative vision" for their company " oh and can we make it all in cornflower blue?" perhaps it would be better suited to studios wishing to create layouts o nthe fly?

    Keep going, its looking great..( am I making sense?....3am - two eyes one skull-hole- bed soon. :ninja: )



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  • shana04
    03-05 06:47 AM
    My I140 is approved, 180 days complete and looking to change jobs in May/June.
    I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?

    No




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  • sweet23guyin
    04-23 01:31 PM
    You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)

    Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!


    I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
    Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
    My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.

    Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
    If there is a chance or idea you want to put forth with your own company, there is no good time than today!

    Good luck and let us know.



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  • nashim
    06-03 04:30 PM
    I think yes, you need to fill AR11 form for your wife too. I did the same thing.




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  • WhatheHeck
    07-12 01:33 PM
    Thank you Dhirajs98 and Pappu.




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  • pixi
    09-13 07:51 PM
    Guitarzen - I think its an awesome idea(not the first), but on the right track.

    In my experience: A flash UI to allow clients to create mockups IS A WICKED IDEA, We did the same.. created a client interface for planning, laoyut and colour schemes.... similar to what you have done but on a larger scale..

    All I can say we failed for a number of reasons,...that clients generally want you to use your experience in communicating their brand to the world ( thats why they pay u). The more clients interfere, the more the channels of communication get closed by their involvement.If however you were to after some research approach the same client and propose a full solution using your knowledge of markets and how to make them money, and build their brand.. u got the signature on the dotted line.

    Its no longer a case of a 15 year old in is bedroom pasting images and text on a blank page- as the same care and attention to consumer taste and choice in a new market ( the internet) .

    I guess what I am trying to say is: this is more aimed at designers wanting to quickly mock-up layouts for clients. Clients themselves want U as a designer to creatively sell their idea or product. With a little more work on the UI, and focused targeting this could grow into something great for newgbie designers wanting to create simple layout schemes and content placement diagrams?

    Athough..... the point of flash surely is to allow creative ideas to flourish outside of the constraints of HTML / block driven content

    unfortunately any applcati0on always has its limits creatively (flash included) - but logic built applications always will give a creative team more headaches if it is available to businesmen with what they think is a "creative vision" for their company " oh and can we make it all in cornflower blue?" perhaps it would be better suited to studios wishing to create layouts o nthe fly?

    Keep going, its looking great..( am I making sense?....3am - two eyes one skull-hole- bed soon. :ninja: )




    cucubau
    10-17 02:11 AM
    Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)

    Thanks!




    angelfire76
    04-02 01:45 PM
    What I have mostly heard is that people in consulting jobs are the ones who are having issues at POEs and not the ones in permanent/full-time positions...I am not making a statement here but saying this is what I heard and read.

    Even working in IBM become something like a consulting job due to their change in business model. So how would the POE determine that somebody who's a "permanent" (is there such a thing in today's economy) employee is not actually into "consulting". Hey even McK guys are "consultants". I think the word you might be looking for is "salaried" employees.



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