buehler
04-13 05:28 PM
Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.
Dependents are also exempted. So by itself it is a decent bill. Hope IV can add more amendments to it.
Dependents are also exempted. So by itself it is a decent bill. Hope IV can add more amendments to it.
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sdudeja
01-30 11:19 AM
So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.
saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
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FinalGC
07-20 12:47 PM
In Michigan if you want to get in-state fees, then one has to be GC holder. My wife has put her studies at bay until GC comes. Trying to focus on our 2 children in the meantime.....with the hope that at least they will do well in the future......
I think USA is bent on proving that all pilgrims have to suffer and then the next generations will reap the benefits.
I think USA is bent on proving that all pilgrims have to suffer and then the next generations will reap the benefits.
more...
venky08
06-24 03:39 PM
thanks ArkBird, desi3933, cvk90, gc_lover for your replies...i will talk to my lawyer on Monday...and go with his advice...
roseball
03-31 11:01 PM
I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.
more...
bmeduru11
11-09 06:02 AM
Hi all,
Recently I recieved a RFE on ability to pay regarding my I-140.
I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
Please suggest me any options that I can do
Recently I recieved a RFE on ability to pay regarding my I-140.
I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
Please suggest me any options that I can do
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northedman
06-13 05:38 PM
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
more...
sam_hoosier
02-06 04:22 PM
I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country..He is working for company B...
You can continue using your old H1B visa (from company A), with an I-797 from company B as long as the H1B visa is valid. Same applies for H4 visa.
But both H1 & H4 visa holders would need new approvals (I-797s).
You can continue using your old H1B visa (from company A), with an I-797 from company B as long as the H1B visa is valid. Same applies for H4 visa.
But both H1 & H4 visa holders would need new approvals (I-797s).
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thomachan72
11-29 08:44 AM
This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help??
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
more...
tdasara
02-08 10:38 AM
20k quota for 80k foreign students?? Where do the rest go?
Most students apply under the regular quota to make sure they have a visa after their OPT...
One can apply under the 20k quota only when they have the degree. Many students postpone their graduation and directly get into the regular H1b pool
Most students apply under the regular quota to make sure they have a visa after their OPT...
One can apply under the 20k quota only when they have the degree. Many students postpone their graduation and directly get into the regular H1b pool
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neoneo
09-28 01:55 AM
Obviously first point is talk to a good attorney
but some points to remember :
- 8K doesnt mean anything.. what matters is the % less from the expected salary.
- Also, get the latest audited company financial docs done .
- Remember this is for a future job, so check whether you will make that much when you get your GC.
but some points to remember :
- 8K doesnt mean anything.. what matters is the % less from the expected salary.
- Also, get the latest audited company financial docs done .
- Remember this is for a future job, so check whether you will make that much when you get your GC.
more...
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sk2006
05-22 07:42 AM
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
You can do stock trading on H1B.
You can own stocks. Don't you get stock options from your company?
I am doing it since 2000.
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
You can do stock trading on H1B.
You can own stocks. Don't you get stock options from your company?
I am doing it since 2000.
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desi3933
04-07 06:57 PM
......
Finally secured the job with 3 offers from 3 top companies
......
Congrats!
_______________________
US citizen of Indian origin
Finally secured the job with 3 offers from 3 top companies
......
Congrats!
_______________________
US citizen of Indian origin
more...
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anilsal
12-19 12:30 PM
Good to know that. Actually, I have never called his office! I am doing that right away...
Not from the bathtub. ;)
Post your experience with the call.
Not from the bathtub. ;)
Post your experience with the call.
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Prashant
01-22 07:30 PM
Thank you IV,
I really appreciate u folks whatever be the outcome ....
Thank you once again.
I really appreciate u folks whatever be the outcome ....
Thank you once again.
more...
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rick_rajvanshi
03-20 03:55 PM
USCIS Announces New Requirements for Hiring H-1B Foreign Workers
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
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lonedesi
06-04 01:56 PM
I believe that if you travel after the expiration date on the visa stamped on your passport, you will need to go to the US consulate in India to get a multiple entry stamp to be able to return to the US. It is advisable that you don't travel unless you absolutely have to. You may want to renew your H1b and then go for the stamping. That way, you will have the stamping valid for the next 3 years.
You may want to consult your attorney before you travel, as this is my personal opinion.
You may want to consult your attorney before you travel, as this is my personal opinion.
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iptel
11-17 04:41 PM
Guys.. It has to pass through the house still..
It already passed house. No new Bill is discussed in Lame Duck Sesion.
It already passed house. No new Bill is discussed in Lame Duck Sesion.
imh1b
04-21 03:12 PM
They are accepting Funds Now ....
Thanks
Where is accountability of money.
How much have they got till now?
What will they do if they get more ?
Who is managing the money?
Thanks
Where is accountability of money.
How much have they got till now?
What will they do if they get more ?
Who is managing the money?
vaishnavilakshmi
09-27 12:55 PM
Hello All, Pardon me if I'm bringing up the question that's already been answered, but couldn't find any answer anywhere in the forum.
I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.
Does InfoPass come to any help here?
Please suggest.
Hi,
We sailed in the same boat.I did not get my fpnotice and my husband got.We called uscis and came to know that my appointment is scheduled on the same day and at same time along with my husband.So as per uscis customer representative's instructions,We took the xerox of the lawyer's copy of my fp notice and attended my scheduled fp y'day and everything went fine.Had i not called USCIS and enquire about my fp appointment,i would have missed the appointment waiting for the fp notice.
Iam not sure if u have attorney,so,First thing,u need to do is call USCIS and findout if ur wife is scheduled on the same day as urs and if it is on same day,she can attend the fp appointment along with u,as u anyways hold the good copy of urs.Thats what the customer rep told me.If USCIS had already mailed her Fp notice and u have not recieved yer, she needs to find her ASC notice number and code number from USCIS to attend the fingerprinting.
goodluck,
vaishu
I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.
Does InfoPass come to any help here?
Please suggest.
Hi,
We sailed in the same boat.I did not get my fpnotice and my husband got.We called uscis and came to know that my appointment is scheduled on the same day and at same time along with my husband.So as per uscis customer representative's instructions,We took the xerox of the lawyer's copy of my fp notice and attended my scheduled fp y'day and everything went fine.Had i not called USCIS and enquire about my fp appointment,i would have missed the appointment waiting for the fp notice.
Iam not sure if u have attorney,so,First thing,u need to do is call USCIS and findout if ur wife is scheduled on the same day as urs and if it is on same day,she can attend the fp appointment along with u,as u anyways hold the good copy of urs.Thats what the customer rep told me.If USCIS had already mailed her Fp notice and u have not recieved yer, she needs to find her ASC notice number and code number from USCIS to attend the fingerprinting.
goodluck,
vaishu
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