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  • tp976
    04-30 05:38 PM
    thanks Jai. You are right, its probly all luck. BTW , which service center is your case pending at





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  • rustamehind
    08-03 05:06 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.

    You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.





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  • don840
    04-04 01:30 PM
    immigrant-in-law pls. click on new thread by going on the forum as Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation > and then click new thread.

    wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.

    Also, do you think Consular processing might be a better option instead of 485?





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  • rajuram
    06-19 09:42 PM
    Before posting, please ask yourself if it is worth taking the risk when all you have to do is to wait for months to get travel documents. It is a personal decision!!!



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  • Humpakistani
    03-26 02:13 AM
    its processing time is not more then a week





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  • GCNaseeb
    11-04 10:46 AM
    Initially my last name was misspelled on my I-485, I-131 and I-765 Receipt Notices. My Attorney sent a letter to USCIS informing the typo to correct it. USCIS sent me the letter saying that the typo error has been attached to my case. When I called USCIS for my FP Notice last week, I mentioned the IO that my Last Name is mis-spelled. But the IO instead of correcting it just on my case , he changed on all other 3 derivative cases with the same mispelled Last Name. Our FP is scheduled next friday. Now we have all our FP Notices with misspelled Last Name. I am going to call USCIS tomorrow. Also I read in other thread that, you don't need any tracking number for your FP. Here's the thread:

    http://immigrationvoice.org/forum/showthread.php?t=13522



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  • vinabath
    07-31 12:54 PM
    When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?


    Dont use.
    1. If your 140 is pending.
    2. If you are still single. You cannot bring the spouse on H-4.
    3. If you think that it may take 3 years to get your GC.

    Use. This is a tough one. I do not suggest using it.
    1. You got a nice solid employer who does not care what you do after 40 hours. Want to make some extra money.





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  • vkrishn
    07-28 10:00 PM
    Checked the USCIS Website today and there is no Soft LUD on my 485. But i did notice that the "Request for Evidence" Message changed to "Request for Evidence Respone Review" . This is a new status message.

    I got an RFE on Sep 3rd 2008 and Attorney's filed the response with in 3 days. I did not get any other update beyond that. I did open a SR on July 11th regarding status of the case.

    Did anyone who had sent their response to RFE get their status changed like the above today?

    Here is description of the "Request for Evidence Respone Review"..

    "Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence"..



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  • lostinbeta
    09-05 02:26 AM
    I agree that it is trendy, but sometimes it is fun to mess around with trends, learn them, then edit them in your own way.

    I don't follow much tutorials. Pretty much everything I use in my images are self done. I probably end up doing it the hard way, but oh well.





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  • sanju_dba
    09-30 10:50 AM
    Unfortunately NO. you cannot declare anything while leaving India.
    My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
    Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D

    Thats what we did when comming back to US in 2007 . but couldnot resist on few and bought along. Now those few are the one i am concerned about travelling back and forth!
    Last time when i went to India took 10coins and had to feed the customs Rs.10K. Not sure if it was still a good math compared to pay cash and buy gold in India instead of travelling with coins.



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  • chem2
    06-01 06:36 PM
    labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.





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  • anu_t
    06-16 01:11 AM
    http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5428


    GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES





    WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.



    The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.



    Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.



    "From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."



    "We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."



    At this time, Grassley and Durbin will not be releasing the information received from the companies.



    Here is a copy of the letter to Gonzalez.



    June 13, 2007



    The Honorable Emilio T. Gonzalez

    Director

    U.S. Citizenship and Immigration Services

    20 Massachusetts Avenue, NW

    Washington, DC 20529



    Dear Director Gonzalez:



    Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.



    Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.



    The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.



    We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.



    In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.



    Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.



    Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.



    H-1B Dependent Employers

    $ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).

    $ How many companies are defined by USCIS to be AH-1B dependent@ employers?

    $ How are these H-1B dependent employers being monitored, if at all, by USCIS?



    Blanket L Visa Petitions

    $ How many L visas have been approved each year since 2000?

    $ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.

    $ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?

    $ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?

    $ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.



    Investigations of Fraud and Abuse

    $ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?

    $ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?

    $ How does USCIS plan to spend the remaining funds left in FY2007?

    $ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.

    $ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.



    While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.



    Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.



    Sincerely,







    Charles E. Grassley Richard J. Durbin

    United States Senator United States Senator



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  • sunny1000
    01-22 05:13 PM
    The below PDF link may be of assistance to you. You should contact the SEVP. Good luck.

    http://www.ice.gov/doclib/sevis/pdf/school_closed_17_student.pdf

    Below section may be relevant:

    6. If you have problems related to your enrollment with your current school and have not yet been accepted for transfer by a new school:
    a. Contact SEVP immediately by email at SEVIS.Source@dhs.gov if:
    • Your school discontinues the classes/instruction for which you have contracted
    • You are unable to contact school officials
    • Your school officials will not assist you
    Note: Students from the same school and acting as a group may provide a single report to SEVP about your situation.
    b. Provide SEVP the following information:
    • Family name
    • First name
    • SEVIS ID
    • Date of birth
    • Form I-94 number
    • Contact information, including mailing address, telephone number, and email
    • School name and address
    • Date you became aware of the problem
    • Description of the situation (a summary; 1-2 paragraphs)
    c. SEVP will assist you if you choose to enroll at another SEVP-certified school. However, the basic requirements for you to transfer or depart the United States remain the same as for all students, whether or not their school officials are supporting them.





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  • GC_1000Watt
    03-23 04:02 PM
    Hi Travellertvr! Since your extension came with a new I-94, your problems are solved automatically. There is no need for you to go out of country and come back either. As of now you are a legal resident here period.
    Enjoy!!!



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  • GeetaRam
    06-14 03:47 PM
    very useful link... even I didn't get why they mentioned foreign consular processing... what exactly that mean ? I also have question
    I am working with my employer from 2005 to till date. My green card was filed in EB3 cateogory with in 2007 and priority date is March 2005. Before I started working for my currently I have worked for more than 5+ years in India with real experience from companies like IBM, Knabay. My employer is ready to file my GC in EB2 category considering those experience as my current experience with him doesn't get considered if for EB2 Bachlors + 5 + years. I have BE in Computer Science + total 10 years of experience. As I hear mixed review for the same that porting between EB3 to EB2 with same employer... I am considering option to change employer but my question is. I have my I-140 approved thru current employer but my I-485 application hasn't been filed. What if my current employer revoke my I-140 can I still use the same priority date.... Please advice/help.





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  • newyorker123
    09-02 01:43 PM
    you can mention what all you need in your application. go to the link (http://www.uscis.gov/files/form/g-639.pdf) and www.uscis.gov/foia (http://www.uscis.gov/foia)

    You can find all detail.

    I recently made G-639 request, waiting for the documents, I asked for the complete set of documents tagged to my 485, will it get it me my ETA750 also?

    because other guy mentioned other email, foiarequest@dol.gov. Shall I send email to this also?



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  • snathan
    02-15 01:54 AM
    i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .

    But now he is claiming that i cant join full time with the client as well.

    During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.

    Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?

    Didnt you read the paper before sign the paper. Also dont you have the copy of that





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  • smuggymba
    10-20 05:49 PM
    you said u file ITIN for tax needs - why did u apply for job dude. ITIN doesn't get u a job. H4 can't work in USA...as simple as that. Hire a good lawyer and tax consultant.

    Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

    When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

    Thank you,





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  • rajenk
    08-14 05:18 PM
    Thank you all.

    Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!

    I'll wait, and will check with my lawyer to see if they can verify with the cashed check.

    Thanks
    Raj





    GCDelay
    11-30 03:43 PM
    xxx





    sunny26
    01-09 04:24 PM
    My Nd is dec2006 NSC EB3 still waiting .


    Hello,

    Please share your RFEs!! What was the reason and how you handled it. That will be great input.

    -M



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