pappu
12-16 01:25 PM
There is a possible solution to this. I do not wish to post it as everyone may try to misuse that route and thus block the avenue for deserving people. If you have been denied, you can contact IV.
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trueguy
08-08 06:08 PM
I tried that info from but that info is not complete. I know there are more people on IV site than any where else so thought of doing this poll.
Thanks
Thanks
waitin_toolong
07-19 11:49 AM
in fact if your friend did not claim hope credits or some others that he was entitled to in the last 3 years he can file amendment to those taxes as well.
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chanduv23
12-08 11:32 PM
Come on fellow IVans
Just CONTRIBUTE CONTRIBUTE CONTRIBUTE
Just CONTRIBUTE CONTRIBUTE CONTRIBUTE
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dealsnet
08-31 01:13 PM
You are correct.
I think last action on I-94 is valid.
According to my knowledge you have 2 options
1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94
I think last action on I-94 is valid.
According to my knowledge you have 2 options
1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94
pasupuleti
02-13 05:04 PM
We met our san jose(CA) congressman Mike Honda (http://honda.house.gov/). We had good session with his staff. His office is in the process of writting a letter to Backlog centers asking them for speeding up approvals.Their office is well aware of backlog issues. Once they get a response back from DOL, they would let us know.
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pappu
10-31 08:32 AM
4 months from now, there will be another rush for applications for EADs and people will be spending money for it. Everyone will be back on the forums talking about notices and late processing for these applications. Lot of people will have heartburns and their jobs can be in trouble if their EADs do not arrive on time.
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
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jayram123
07-12 04:40 PM
We do not need new thread. Either close or change the title, please.
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ladyliberty
09-23 11:23 PM
Hi!
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
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lfadgyas
01-13 09:42 AM
Assuming (but hope not) you will be laid off:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
more...
surabhi
10-17 03:52 PM
Widely known as payroll tax is actually FICA tax (http://en.wikipedia.org/wiki/Federal_Insurance_Contributions_Act_tax) 6.2 % of federal and 1.5% of medicare...together coming close to 8%. I'm not aware of any state component above this 8%...
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal... I personally could manage 80% of the billing while I was doing consulting...
I agree. 90% of the bill rate never includes the employer taxes portion.
It all adds up. It may not be profitable as one assumes. The relocation costs, medical insurance, unpaid vacation days, unpaid holidays..
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal... I personally could manage 80% of the billing while I was doing consulting...
I agree. 90% of the bill rate never includes the employer taxes portion.
It all adds up. It may not be profitable as one assumes. The relocation costs, medical insurance, unpaid vacation days, unpaid holidays..
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morchu
04-23 03:04 AM
Focus on your goal. Emotions may not take you there.
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Hello All,
My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?
Thank you
Ravi
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Hello All,
My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?
Thank you
Ravi
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rubaru
12-10 09:45 AM
My wife got approval email yesterday.Mine was approved in October 209.She received fingerprint notice .we gave her finger prints on November 23.I am glad her got approved soon.
Rubaru
Rubaru
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belmontboy
09-06 03:02 AM
For USCIS all desi's lookalike :p
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virald
07-13 09:48 PM
my lawyer says... apply now.. dont know what will be situ in october.. it might go forward.. backward...my pd is 10/2003.
he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
is this wise idea...if i say yes.. he will file by next week..
i already sent money for my wife...
my company is not covering my wife's expenses.
the lawyer is charing 600 for legal and 745 for filing...
are these
reasonable fees
From what I understand, you guys should apply. Worse case scenario is that it will be sent back, but, if something comes out of the law suit or so called compromise, you guys could just become lucky.
FWIW, a big technology company's lawyer are sending almost 1100 applications.
he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
is this wise idea...if i say yes.. he will file by next week..
i already sent money for my wife...
my company is not covering my wife's expenses.
the lawyer is charing 600 for legal and 745 for filing...
are these
reasonable fees
From what I understand, you guys should apply. Worse case scenario is that it will be sent back, but, if something comes out of the law suit or so called compromise, you guys could just become lucky.
FWIW, a big technology company's lawyer are sending almost 1100 applications.
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njboy
06-08 09:14 PM
There is a big difference between first class and economy class travel, and preventing a spouse who has already exhibited intent to immigrate from working for a very long time if they dont pay $1000.00 for premium processing of I-130. This is the reason I quoted the examples. Im not saying this from a "commie" point of view that everyone should own a Lada. While it is true that the employers should pay for premium processing, many people end up paying for it themselves, maybe in the form of reduced bonuses, or something else. Imagine what will happen when BCIS is swamped. We, desperate for a resolution for our problems, will end up cajoling our employers to drop a thousand dollars here for I-130 premium processing, another 1000 dollars for H1B premium processing because it already takes 5-6 months during regular processing. All Im saying is, fix the problem instead of finding band-aids.
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jasmin45
05-14 08:40 PM
Here are the details.. you can determine if you fit in.
EB2 Eligibility :-
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:
An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
Letters documenting at least ten years of full-time experience in the occupation being sought;
A license to practice the profession or certification for a particular profession or occupation;
Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
Membership in professional associations;
Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.
Application Procedures
USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.
EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.
If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.
Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
EB2 Eligibility :-
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:
An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
Letters documenting at least ten years of full-time experience in the occupation being sought;
A license to practice the profession or certification for a particular profession or occupation;
Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
Membership in professional associations;
Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.
Application Procedures
USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.
EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.
If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.
Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
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swadeshi
07-27 04:06 PM
I had same question, but when I checked all I-94s of mine, they all had same numbers, one at POE consistent with all other 797 issues after that.
Hope that helps.
I-94 numbers never change, I have had the same one's even though I switched visa types like L1 to H1 and travelled twice. The I-94 number never changes it remians the same.
Hope that helps.
I-94 numbers never change, I have had the same one's even though I switched visa types like L1 to H1 and travelled twice. The I-94 number never changes it remians the same.
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GCcomesoon
05-12 08:49 AM
Great Job.I heard your call & I think you tried your best to explain our issues.I'm sure that something will surely change for the legal community in coming months.We have taken enough s..... till now.
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
atlgc
05-23 06:51 AM
I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
Hello indyanguy,
question,did you got an RFE for your entire work history ,just the latest expeience letter
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
Hello indyanguy,
question,did you got an RFE for your entire work history ,just the latest expeience letter
roseball
03-29 04:15 PM
How long the process took before filing? How much time for PWD alone?
It took almost 6 months.....But typically it only requires around 3-4 months (considering PWD response in 1-2 weeks)....My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, though I am not aware of the exact dates as I was not involved in this whole process. I only came to know about it due to my frequent emails to my manager and attorney asking for status..:-)......Mine is a large corporation (400k+ employees) so things move really slow process wise....I felt from start to filing of PERM, it should take about 4 months max...But it really depends on the number of resumes received and the time taken to screen them....If candidates are found who have to be interviewed, it could take a little more time....
It took almost 6 months.....But typically it only requires around 3-4 months (considering PWD response in 1-2 weeks)....My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, though I am not aware of the exact dates as I was not involved in this whole process. I only came to know about it due to my frequent emails to my manager and attorney asking for status..:-)......Mine is a large corporation (400k+ employees) so things move really slow process wise....I felt from start to filing of PERM, it should take about 4 months max...But it really depends on the number of resumes received and the time taken to screen them....If candidates are found who have to be interviewed, it could take a little more time....
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