vbkris77
01-25 05:02 PM
It is upto employer lawyer to help.. It is a bad remark on the company.. So approach your company and have them work with consulate..
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
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ragz4u
04-11 02:09 PM
Bumping this thread. Only a handful have sent an email to us. Other folks, please consider volunteering
zoho
08-27 02:33 AM
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
Have you got the RFE?If so what is the RFE about.
Have you got the RFE?If so what is the RFE about.
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meridiani.planum
07-19 03:20 AM
Thank you Ganguteli and Elaine for your responses.
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
good to hear that it worked out ok in your case!
One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
good to hear that it worked out ok in your case!
One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]
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americandesi
09-09 03:55 PM
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
Britsabroad
February 27th, 2004, 08:43 AM
Good idea Lecter. A bit like remembering to tell your wife how she looks (caution advised) I have no problem with posting comments. I absolutely love to stare at the beautiful images on this site. From my novice perspective, they are just about all in the impressive to brilliant range. I get a lot of inspiration & ideas from you guys. The webmasters stunning sports & concert photography. Paul Popes absolutely knock out, whatever he does stuff. Don & Pressmans outstanding digital darkroom magic (Pressmans Exmoor phots are out of this world) Lecters I WANT TO BE THERE RIGHT NOW! phots. Bob Gleasons super sports images & across the board versatility. I particularly take note of Bobs stuff because I know he hasn't been shooting that long, so his learning curve has been pretty meteoric.
By the Lecter, how much does it cost you to get 'noticed'? (Couldn't wait to get to that bit)
"They can because they think they can"
By the Lecter, how much does it cost you to get 'noticed'? (Couldn't wait to get to that bit)
"They can because they think they can"
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TO BE OR NO TO BE
10-21 04:19 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
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royus77
06-14 11:40 PM
Can i travel out of the country after applying my 485 ,EAD and APO . My I 140 was already approved and I applied for 3 year H1B ext based on that petition ( bumped to premium this week ) .
Any advise
Thanks
Adde
Any advise
Thanks
Adde
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smuggymba
05-12 01:35 PM
The civil surgeon does everything but you need to pay cash for it. If you have the documentation from your primary care physician, you could ask for a discount, which is what I did. Your insurance pays if you get it done from your PCP.
So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.
Does CS do the exactly same tests as PCP?
How much time does it take to get results from CS?
How much does CS charge?
So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.
Does CS do the exactly same tests as PCP?
How much time does it take to get results from CS?
How much does CS charge?
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smuggymba
05-11 02:11 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
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gc_chahiye
07-19 01:55 AM
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-4.html
Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?
There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.
Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?
There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.
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s416504
02-03 09:34 AM
I think Your 1 year extention (instead of 3 year) could be cause of two diffrent A# numbers on I140 & I485.
I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.
I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?
I-140 Reciept : No A Number
I-140 Approvel Number 1
I-485 Reciept : Number 2
EAD/FP/AP : Number 2
I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140
Is this anything I need to be concerned about ? Appreciate your suggestions
I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.
I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?
I-140 Reciept : No A Number
I-140 Approvel Number 1
I-485 Reciept : Number 2
EAD/FP/AP : Number 2
I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140
Is this anything I need to be concerned about ? Appreciate your suggestions
more...
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bluez25
07-26 02:44 PM
Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
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eb2waiter
09-18 05:00 PM
WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
Please let me know...
Please let me know...
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chi_shark
12-02 11:51 PM
thanks! i do have business activities... and i am not worried about audits...
If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).
If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).
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edaltsis
07-26 10:57 PM
You can apply for a PCC from Regional Passport Office. I got mine for Rs.300/- at the Passport office in just 2 days and its very simple. If you want a PCC from Police Department its a big hassle in India, you can approach only the Superintendent/Commissioner's Office to request one. Mostly Police in India demand money for these kind of simple things, its nothing but "bribe" which I'm against.
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nousername
02-27 07:14 PM
I don't think so.. Back in 2002 I was in similar situation (f1 to h1) and to best of my knowledge I was only able to get part of my federal taxes back.. In fact I remember paying some additional state taxes at the end of the year.
If I was on F1 full time for that accounting year then they would have given my taxes (not ssn or medicare) back but I switched to H1 and made more money, which pushed me into a different tax bracket.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
If I was on F1 full time for that accounting year then they would have given my taxes (not ssn or medicare) back but I switched to H1 and made more money, which pushed me into a different tax bracket.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
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AmitBohra
04-17 10:23 AM
Hi Gurus,
Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.
I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.
Thanks
AB
Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.
I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.
Thanks
AB
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Kodi
07-06 01:31 PM
If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?
ilikekilo
05-04 09:49 AM
Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
I want to know for how long I can work from India on H1 being on US payrole? The
Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
I want to know for how long I can work from India on H1 being on US payrole? The
Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.
gimme Green!!
07-31 10:51 PM
Logically, there shouldn't be any issues as you have a G-28 for all required forms.
Let me take this opportunity to tell you I have immensely enjoyed your to the point messages and quotes.
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
Let me take this opportunity to tell you I have immensely enjoyed your to the point messages and quotes.
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
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