hsingh82
02-24 01:05 PM
Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??
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meridiani.planum
10-12 08:37 PM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
sanojkumar
02-12 12:39 PM
I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.
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yabadaba
04-23 09:03 AM
u have to wait till ur 140 is approved...it will tell u which category uscis processed it under.
more...
pappu
06-22 04:37 PM
If you want to impress USCIS officer with your looks, go to a potrait studio. :) Else try CVS.
If you are really dying to save money, Don't apply for I485. Comeon, when you are spending thousands on your greencard why do you care for 5-10 dollars.
If you are really dying to save money, Don't apply for I485. Comeon, when you are spending thousands on your greencard why do you care for 5-10 dollars.
newuser
07-11 02:30 PM
Count me in. Just sent a PM
more...
BharatPremi
03-11 02:17 PM
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you:p:)
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you:p:)
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bkam
01-31 10:55 PM
Dear "colleagues in faith" :-) There is a rule in life - if you want something and beg for it, you most probably will not get it. You have to fight and find a (legal) way to get it. This is the way the American Anglo-Saxon population mixed with smart Jews and other hard working nations achieved economical and political power over the last centuries. Not by begging for rights and being scared of people with different opinion.
These people who are against the uncontrolled immigration have their point. This process has to be controlled or the USA would become just another "developing" country. However, we are talking about something else. We are talking about rules set by the US government. When most of us came in this country years ago, we knew the rules and we expected those rules to be followed. If a government agency keeps my LC certification for years without processing it and even without indicating when it would be processed, then the government is not following those rules. And it is my right to know why is that. If I honestly pay my taxes and follow the laws of this country, I expect the government of the very same country to fulfill its obligations to me and (in particular) to process my application in a reasonable time and by following the current laws. If I do not qualify - OK, I will "pack back". But I want to know that, not to be kept in the dark.
This is what should be the main goal of the "volunteers" of this forum or organization (whatever) - fairness and following the rules by the government. If the immigration agency is a bunch of people incapable to sort out their problems, then they have to be replaced and problems solved quickly and efficiently. Excuses like "no money, understaffing" do not work because we throw $$$ in lawyers laps - part of this money can be easily used by the government for "overstaffing".
I see that some people got annoyed of my opinion but again, they should not forget that the issue we discuss concerns 350,000 highly qualified professionals who support the economy of this country. The opponents from numbersusa etc do not represent all Americans and most people are not against this king of immigration, if properly regulated. They just have to be properly informed.
In addition, do not be afraid to voice your opinion if you think you are right and if you do not hide something. Then people will respect you.
These people who are against the uncontrolled immigration have their point. This process has to be controlled or the USA would become just another "developing" country. However, we are talking about something else. We are talking about rules set by the US government. When most of us came in this country years ago, we knew the rules and we expected those rules to be followed. If a government agency keeps my LC certification for years without processing it and even without indicating when it would be processed, then the government is not following those rules. And it is my right to know why is that. If I honestly pay my taxes and follow the laws of this country, I expect the government of the very same country to fulfill its obligations to me and (in particular) to process my application in a reasonable time and by following the current laws. If I do not qualify - OK, I will "pack back". But I want to know that, not to be kept in the dark.
This is what should be the main goal of the "volunteers" of this forum or organization (whatever) - fairness and following the rules by the government. If the immigration agency is a bunch of people incapable to sort out their problems, then they have to be replaced and problems solved quickly and efficiently. Excuses like "no money, understaffing" do not work because we throw $$$ in lawyers laps - part of this money can be easily used by the government for "overstaffing".
I see that some people got annoyed of my opinion but again, they should not forget that the issue we discuss concerns 350,000 highly qualified professionals who support the economy of this country. The opponents from numbersusa etc do not represent all Americans and most people are not against this king of immigration, if properly regulated. They just have to be properly informed.
In addition, do not be afraid to voice your opinion if you think you are right and if you do not hide something. Then people will respect you.
more...
LegallyGC
08-11 04:13 PM
Ghost
Nice to see that u did start a new thread for this..
I think we all should get together now and make sure 2011 will be a great year for all the immigrant community.
Nice to see that u did start a new thread for this..
I think we all should get together now and make sure 2011 will be a great year for all the immigrant community.
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tnite
07-26 02:17 PM
I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
Funny that you're talking about moving and I thought about my life for a moment and here it is :
I was supposed to move couple of months ago to Stamford, CT (ninety miles form where I live and work now) but decided to stay after the July bulletin became current.I informed the apt mgmt that I want to extend the lease .
I didnt want to move after hearing horror stories from folks who did(Some of them did not get the FP notices, receipts and all that stuff).
Then sent in all the papers on July 2nd. USCIS came out and said we are not going to accept. I waited for a week. Nothing was happening so decided to move by the end of August.Called in the Mgmt and informed that I will move out by the end of August.
The came July 17th , when USCIS reversed their decision to accept. I called in the mgmt and told them some excuse and ask them to extend the lease by another month. Never ending uncertainity continues......
This is my story folks.Some may want to know Why I want to move, My wife got her project in jersey city and we decided that living in Stamford,CT would be half way for each of us and that was the only way we could live together. 90 miles drive each way for me and 11/2 hr each way for her .
End of the day, thats what matters.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
Funny that you're talking about moving and I thought about my life for a moment and here it is :
I was supposed to move couple of months ago to Stamford, CT (ninety miles form where I live and work now) but decided to stay after the July bulletin became current.I informed the apt mgmt that I want to extend the lease .
I didnt want to move after hearing horror stories from folks who did(Some of them did not get the FP notices, receipts and all that stuff).
Then sent in all the papers on July 2nd. USCIS came out and said we are not going to accept. I waited for a week. Nothing was happening so decided to move by the end of August.Called in the Mgmt and informed that I will move out by the end of August.
The came July 17th , when USCIS reversed their decision to accept. I called in the mgmt and told them some excuse and ask them to extend the lease by another month. Never ending uncertainity continues......
This is my story folks.Some may want to know Why I want to move, My wife got her project in jersey city and we decided that living in Stamford,CT would be half way for each of us and that was the only way we could live together. 90 miles drive each way for me and 11/2 hr each way for her .
End of the day, thats what matters.
more...
dbevis
October 23rd, 2003, 11:41 PM
First, as a fellow engineer, I'll say that is no handicap to photography.
At the moment I took the shot, I was searching out textured and detailed objects to show me what the 100 Macro lens would be capable of resolving.
So, the left brain was hard at work being analytical and logical.
On another level, the structure brought back childhood memories of my grandparents' farmhouse.
On yet another level, I was facinated by all the small details - mortar, wrought iron fence, and the leaves turning colors.
Generally, these sorts of images are what I connect with, the ones that I can't quite (or at least instantly) figure out what I'm looking at. Is this a wall, a sculpture, are those windows or doorways am I inside looking out or outside looking in.
It's also worth noting that there is no trace of the "rule of thirds" in that image.
Much of the above applies to this one, which I put online this evening:
http://web.mw.net/dphoto.us/members/displayimage.php?album=13&pos=0
Don
At the moment I took the shot, I was searching out textured and detailed objects to show me what the 100 Macro lens would be capable of resolving.
So, the left brain was hard at work being analytical and logical.
On another level, the structure brought back childhood memories of my grandparents' farmhouse.
On yet another level, I was facinated by all the small details - mortar, wrought iron fence, and the leaves turning colors.
Generally, these sorts of images are what I connect with, the ones that I can't quite (or at least instantly) figure out what I'm looking at. Is this a wall, a sculpture, are those windows or doorways am I inside looking out or outside looking in.
It's also worth noting that there is no trace of the "rule of thirds" in that image.
Much of the above applies to this one, which I put online this evening:
http://web.mw.net/dphoto.us/members/displayimage.php?album=13&pos=0
Don
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arc
03-11 03:03 PM
Mr "A" Check with a good tax consultant about implications of being paid in check, on EAD you can do multiple jobs and businesses, as long as you report your earnings and pay tax you should be fine. I am not an expert, check with a tax consultant and an attorney!
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
more...
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B+ve
05-15 01:19 PM
I would like to clarify one thing....
Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....
I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.
Correct me if I am wrong.....
- B+ve
Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....
I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.
Correct me if I am wrong.....
- B+ve
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pal351
02-11 05:55 PM
http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm
If more People think like this we will be in good shape.
Thanks,
If more People think like this we will be in good shape.
Thanks,
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trueguy
08-08 06:44 PM
How about extending the poll to include Dec'04 ?
I thought about that my friend, but chances of EB3-I going beyond 2004 are very slim. Sorry, if I hurt you by saying this but we have to accept the reality.
Thanks.
I thought about that my friend, but chances of EB3-I going beyond 2004 are very slim. Sorry, if I hurt you by saying this but we have to accept the reality.
Thanks.
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Anders �stberg
May 1st, 2005, 01:04 PM
Thanks Nick!
I basically used my bird settings, I think I should probably lower the shutter speed a little, don't know how much though as I don't like blurry shots. I would like to be able to do panning with long shutter times but I'm really bad at it, the few times I've tried everything is blurry.
EDIT: Lens was 300/2.8L IS, my favourite, I went to this practice track mainly to get to use it again as it has been sitting on a shelf for a while, waiting for some summer sports. :)
I basically used my bird settings, I think I should probably lower the shutter speed a little, don't know how much though as I don't like blurry shots. I would like to be able to do panning with long shutter times but I'm really bad at it, the few times I've tried everything is blurry.
EDIT: Lens was 300/2.8L IS, my favourite, I went to this practice track mainly to get to use it again as it has been sitting on a shelf for a while, waiting for some summer sports. :)
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ca_immigrant
03-25 04:39 PM
the one from vamsi has gone up to 116 now...
vote for a question folks....ask your friends also to vote..
does not hurt to try our luck...
vote for a question folks....ask your friends also to vote..
does not hurt to try our luck...
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rkotamurthy
09-29 02:24 PM
Bump ^^^
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Azgc005
07-19 09:04 PM
Provided your future employer is willing to transfer H1-B
eyeswe
02-11 06:11 PM
Now you know why Immigrants are needed! The Math......Sorry did not mean to hurt anyones intelligence with my peas sized brain... Good catch..
A good article supporting a sensible plan.
One minor correction however.
"Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."
The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.
A good article supporting a sensible plan.
One minor correction however.
"Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."
The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.
saimrathi
07-12 02:40 PM
Famous Indian americans...
1. Are they influential Indian Americans?
2. If someone can post their mailing address and phone number, I can mail them like I did Rep/Senators of my area...
Thanks.
1. Are they influential Indian Americans?
2. If someone can post their mailing address and phone number, I can mail them like I did Rep/Senators of my area...
Thanks.
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