YesWeWillGet
09-23 08:13 PM
First of all thanks for your valuable feedback.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
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malibuguy007
10-01 06:28 PM
Sorry forgot to put the confirmation number in 86FWC-M9PFC
jayram123
08-13 02:19 PM
I filed on my own and I actually flew to Nebraska Svc Center and had it delivered through a messenger at 8.05 am. No updates so far. Checks have not been cashed. I haven't called USCIS since I did not want to burden them.
Your question has been answered numerous times already but to answer your question, if your lawyer filed the app on your behalf then he would get the notice (based on form G28). If not, you would get it.
Your question has been answered numerous times already but to answer your question, if your lawyer filed the app on your behalf then he would get the notice (based on form G28). If not, you would get it.
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makemygc
06-22 11:16 AM
you need pdf writer, use demo.
I don't think it's anything to do with pdf writer. If he is asking about forms like I-485, G-325 A etc..those have pdf security enable and wont allow you to save it. Whereas if you try I-693 form (for medical), that will allow you to save the form even if you do not have pdf writer.
I don't think it's anything to do with pdf writer. If he is asking about forms like I-485, G-325 A etc..those have pdf security enable and wont allow you to save it. Whereas if you try I-693 form (for medical), that will allow you to save the form even if you do not have pdf writer.
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msyedy
01-24 11:09 AM
Yes your crook attorney is partially right. Because once your I-140 gets approved, then you are eligible for 3 yr extension and not 1 yr extension. No attorney like his/her clients get 3 yrs extension because they will lose their attorney fee for the next two years.
Just ask your lier to apply for I-140. If he refuses to do that, ask him why?
Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.
Forget about the lawyer, It is the company issue here if they are paying for your GC.
....
Just ask your lier to apply for I-140. If he refuses to do that, ask him why?
Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.
Forget about the lawyer, It is the company issue here if they are paying for your GC.
....
haider420
03-04 01:01 AM
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
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ArkBird
12-04 02:33 PM
Unlikely considering how economy is doing.
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rani77
02-06 12:03 PM
Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
more...
haider420
03-04 01:01 AM
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
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eb2_immigrant
10-22 08:17 PM
I think this is what is happening in your cases,
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
So to confirm if what you are thinking is true or not I called USCIS,
The guy in TSC said it is a mistake and they will clarify it. I wasn't very convinced with his response, I called back after sometime, this time since there was no response to TSC it was route to other service center
As earlier even this time the representative in this center was not able to answer as to why it says "interview reschedules” but she did transferred me to an officer.
After several identification questions, Officer said this is not related to finger prints and she was not sure if it is related to I-485 interview either as they put reschedule interview note on my I-131 application.
Finally she gave me a WTC-XXXXXXXX-TSC number, asked for my cell # and asked me to call back after 10 days if I don’t hear anything from the USCIS.
I really don’t know what is happening; I don’t have much choice either other than waiting for something “GOOD “ to happen
Any thoughts ......??????
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
So to confirm if what you are thinking is true or not I called USCIS,
The guy in TSC said it is a mistake and they will clarify it. I wasn't very convinced with his response, I called back after sometime, this time since there was no response to TSC it was route to other service center
As earlier even this time the representative in this center was not able to answer as to why it says "interview reschedules” but she did transferred me to an officer.
After several identification questions, Officer said this is not related to finger prints and she was not sure if it is related to I-485 interview either as they put reschedule interview note on my I-131 application.
Finally she gave me a WTC-XXXXXXXX-TSC number, asked for my cell # and asked me to call back after 10 days if I don’t hear anything from the USCIS.
I really don’t know what is happening; I don’t have much choice either other than waiting for something “GOOD “ to happen
Any thoughts ......??????
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zoozee
08-15 01:57 AM
Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -
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blogger
06-24 11:25 AM
I agree with you.
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.
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andy garcia
10-16 02:15 PM
If I am not wrong.....I had checked on the EB5 retrogression some time back..
Which EB5 are you checking?
EB5 is always current. Last year they only issued 346 visas to this category.
It takes at least 500.000$ :cool: to get one.
Which EB5 are you checking?
EB5 is always current. Last year they only issued 346 visas to this category.
It takes at least 500.000$ :cool: to get one.
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ThinkTwice
02-24 12:12 PM
Thanks for replying. I just came back from the court and got back the following
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
The fact that the offense was reduced to Wet reckless probably helps your case (I am not sure I am just guessing here). You really need to talk to a specialist lawyer who deals with such kind of cases not a general immigration lawyer, Usually a consultation fee ranges from 100 to 300 depending on the experience and the profile of the lawyer and if you want to take the attorney to the interview with you then it may run upto and above $3000.
- good luck
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
The fact that the offense was reduced to Wet reckless probably helps your case (I am not sure I am just guessing here). You really need to talk to a specialist lawyer who deals with such kind of cases not a general immigration lawyer, Usually a consultation fee ranges from 100 to 300 depending on the experience and the profile of the lawyer and if you want to take the attorney to the interview with you then it may run upto and above $3000.
- good luck
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gc26
02-05 02:09 PM
Does the 45 day limit on being able to use a LC mean that priority dates from an approved LC and I-140 can no longer be ported when the GC process is started again through a new employer ?
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desi485
06-08 03:04 PM
Mahindra has been selling farm vehicles, tractors and stuff, in the USA for quite some time now. I doubt if you want to buy a tractor.
http://blogs.cars.com/.a/6a00d83451b3c669e2011570a0091a970b-800wi
Yeah, they do sell tractors and have second highest market share. However I was talking about their pickup and SUV going to be introduced in next few months.
The derogatory comments, everytime some one talks about vehicle made in india (or any third world country) by readers motivates me more to buy one.
http://news.pickuptrucks.com/2009/05/mahindra-pickup-still-coming-in-2009.html
http://blogs.cars.com/.a/6a00d83451b3c669e2011570a0091a970b-800wi
Yeah, they do sell tractors and have second highest market share. However I was talking about their pickup and SUV going to be introduced in next few months.
The derogatory comments, everytime some one talks about vehicle made in india (or any third world country) by readers motivates me more to buy one.
http://news.pickuptrucks.com/2009/05/mahindra-pickup-still-coming-in-2009.html
more...
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vrbest
02-12 03:50 PM
Hi I am on the same status. My lawyer said I dont need to worry. She said I am still on H1 as the extension is applied and is pending.
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
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sukhyani
04-18 05:33 PM
Can we not create a poll the way we have done in the past where we can see a chart?
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newuser
09-15 01:11 PM
I am in
eb3_nepa
02-24 01:25 PM
http://www.aila.org/content/default.aspx?docid=18639
Could NOT see the document though
Could NOT see the document though
gc28262
07-30 07:07 AM
Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
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