asdfred
10-16 05:03 PM
duties matter..but, if your title is so different..they cannot be..this can be an issue..especially managerial duties involve managing resources which is very different to a developer..talk to your attorney if he can make it happen..i would do whatever the attorney says.
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psn1975
11-05 08:06 PM
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
GIDOC
07-14 06:24 PM
I think you should go ahead and apply as your lawyer is suggesting. You do not have anything to lose with this.
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arukala
01-29 11:14 PM
Hi Friends,
Here is a Story:
1) My First H1 and (My wife H4) the I94's Expired on 30-Sep-08
2) Same Employer Applied for H1 Extension on Notice Date: June 17th 2008
3) RFE received on 10/05 with Employer and My Information (List of all the H1's with Receipts Numbers and W2's, Key Persons in Company, SubContract Or Project Information, Client Letter and My Recent Paystubs and My W2's and My Bank Statements)
4) Lawyer rpelied the RFE and Received by USCIS on Nov18th 2008
5) After 60 Days, Opened an SR with USCIS on 01/23/09
6) Received an Email of Denial Notice on 01/29/09
7) Reason for Denial is not Known
FYI:
1) Filed I-140 EB3 India on May 7th 2007 and RFE on Master Completion Date and Responded to RFE with New Credential Evaluation. FINALLY APPROVED I-140 on Jan 12th 2009. I didn't filed 485/EAD/AP.
Questions:
1) If I open MTR, are we (Me and My Wife) in Status?
2) How much time normally takes to accept MTR
3) How long we (Me and My Wife) can stay in USA?
4) Can I make a transfer and do a premium processing with More than 2 Companies After or Before MTR Opens?
5) Can I continue the current project After I apply MTR?
6) Can I start working with Company B While H1 Transfer is pending?
7) Do I have to wait until its Transfer gets approved Or MTR Approved?
8) What are the chances of approvals in Premium processing in Current Market
9) Can company B apply for H4 Extension Along with H1 Transfer?
I appreciate if you can let us know about other possibilities now.
Please respond at the earliest
Thanks
Ravi
Here is a Story:
1) My First H1 and (My wife H4) the I94's Expired on 30-Sep-08
2) Same Employer Applied for H1 Extension on Notice Date: June 17th 2008
3) RFE received on 10/05 with Employer and My Information (List of all the H1's with Receipts Numbers and W2's, Key Persons in Company, SubContract Or Project Information, Client Letter and My Recent Paystubs and My W2's and My Bank Statements)
4) Lawyer rpelied the RFE and Received by USCIS on Nov18th 2008
5) After 60 Days, Opened an SR with USCIS on 01/23/09
6) Received an Email of Denial Notice on 01/29/09
7) Reason for Denial is not Known
FYI:
1) Filed I-140 EB3 India on May 7th 2007 and RFE on Master Completion Date and Responded to RFE with New Credential Evaluation. FINALLY APPROVED I-140 on Jan 12th 2009. I didn't filed 485/EAD/AP.
Questions:
1) If I open MTR, are we (Me and My Wife) in Status?
2) How much time normally takes to accept MTR
3) How long we (Me and My Wife) can stay in USA?
4) Can I make a transfer and do a premium processing with More than 2 Companies After or Before MTR Opens?
5) Can I continue the current project After I apply MTR?
6) Can I start working with Company B While H1 Transfer is pending?
7) Do I have to wait until its Transfer gets approved Or MTR Approved?
8) What are the chances of approvals in Premium processing in Current Market
9) Can company B apply for H4 Extension Along with H1 Transfer?
I appreciate if you can let us know about other possibilities now.
Please respond at the earliest
Thanks
Ravi
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johnamit
07-16 09:50 AM
High-tech industry in their favor... that don't sound correct? is it?
Supporters of the bill included President Bush, the United States Chamber of Commerce, the high-tech industry, the Roman Catholic Church, many Hispanic organizations, farmers, restaurants, hotels and the construction industry.
Supporters of the bill included President Bush, the United States Chamber of Commerce, the high-tech industry, the Roman Catholic Church, many Hispanic organizations, farmers, restaurants, hotels and the construction industry.
cbpds
07-02 08:53 PM
Please read this thread
http://immigrationvoice.org/forum/non-immigrant-visa/54944-h1b-denied.html
http://immigrationvoice.org/forum/non-immigrant-visa/54944-h1b-denied.html
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kevinkris
08-06 02:13 PM
8/06/2010: Senate Passed H-1B and L-1 Filing Fee Substantial Increase Yesterday as Part of $600 Million Emergency Border Security Supplemental Appropriations Act of 2010
� The House passed the Emergency Border Security Supplemental Appropriations Act of 2010, which the Senate passed it yesterday with amendments. One of the amendments includes the following fee increase for H-1B and L-1. This amendment was sponsored by Sen. Charles Schumer of New York. The amendment provides:
o L-1 Filing Fee and Fraud Prevention and Detection Fee Wiil be Increased by $2,250 for Petitioners Employing 50 or More Employees in the United States and More Than 50% of the employees are H-1B or L-1 Employees
o H-1B Filing Fee and Fraud Prevention and Detection Fee Will be Increased by $2,000 for Petitioners Employing 50 or More Employees in the United States and More Than 50% of the employees are H-1B or L-1 Employees.
o The total filing fees after this legislation will be much higher than these figures in that these employers will also have to pay $1,500 American Worker Training Fees for H-1B petition plus current fraud preventiuon fee of $500 and I-129 filing fee of $320.
o The Increased Fee will take effect on the date this bill is enacted into a law by the President's signature and remain in effect until September 30, 2014.
� The bill needs Senate-House Conference and unless the House and Senate leader agree to return to the session during the summer break which ends on 09/14/2010, this bill is not likely enacted into law untill after the Congress returns to the session after the summer break. The amendment will be found in Title IV, Section 402 (a) and (b) of H.R. 5875, as amended by S. 3721.
� Understandably, this bill will hit hard Indian giant consulting businesses since the employers that will be subject to the increased fees fit primarily Indian businesses such as Wipro, Infosys, Tata, etc. Report indicates that these firms started and will continue to lobby the Congress against this bill from here on.
� The fact that this amendment was introduced by the Chairman of Immigration Subcommittee of the Senate Judidiary Committee indicates that probably he intends to smooth out hardline opponents of CIR by showing strong support for border protection and protection of U.S. hi-tech labor markets in the environment of nation's struggling economy and unemployment rate. Please stay tuned.
� The House passed the Emergency Border Security Supplemental Appropriations Act of 2010, which the Senate passed it yesterday with amendments. One of the amendments includes the following fee increase for H-1B and L-1. This amendment was sponsored by Sen. Charles Schumer of New York. The amendment provides:
o L-1 Filing Fee and Fraud Prevention and Detection Fee Wiil be Increased by $2,250 for Petitioners Employing 50 or More Employees in the United States and More Than 50% of the employees are H-1B or L-1 Employees
o H-1B Filing Fee and Fraud Prevention and Detection Fee Will be Increased by $2,000 for Petitioners Employing 50 or More Employees in the United States and More Than 50% of the employees are H-1B or L-1 Employees.
o The total filing fees after this legislation will be much higher than these figures in that these employers will also have to pay $1,500 American Worker Training Fees for H-1B petition plus current fraud preventiuon fee of $500 and I-129 filing fee of $320.
o The Increased Fee will take effect on the date this bill is enacted into a law by the President's signature and remain in effect until September 30, 2014.
� The bill needs Senate-House Conference and unless the House and Senate leader agree to return to the session during the summer break which ends on 09/14/2010, this bill is not likely enacted into law untill after the Congress returns to the session after the summer break. The amendment will be found in Title IV, Section 402 (a) and (b) of H.R. 5875, as amended by S. 3721.
� Understandably, this bill will hit hard Indian giant consulting businesses since the employers that will be subject to the increased fees fit primarily Indian businesses such as Wipro, Infosys, Tata, etc. Report indicates that these firms started and will continue to lobby the Congress against this bill from here on.
� The fact that this amendment was introduced by the Chairman of Immigration Subcommittee of the Senate Judidiary Committee indicates that probably he intends to smooth out hardline opponents of CIR by showing strong support for border protection and protection of U.S. hi-tech labor markets in the environment of nation's struggling economy and unemployment rate. Please stay tuned.
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americandesi
10-15 02:52 PM
I-9 is a USCIS document so i would guess it goes to uscis
You are wrong. Please read the Footer text on page 1.
http://www.uscis.gov/files/form/i-9.pdf
It clearly says
"EMPLOYERS MUST RETAIN COMPLETED FORM I-9. PLEASE DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS"
You are wrong. Please read the Footer text on page 1.
http://www.uscis.gov/files/form/i-9.pdf
It clearly says
"EMPLOYERS MUST RETAIN COMPLETED FORM I-9. PLEASE DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS"
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bestofall
09-16 03:29 PM
I will be travelling to India for 3 week trip and will be coming back on Oct 12 ( My current AP expires on Oct 30 2008).
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
hair Chicago Code
Ann Ruben
04-17 02:21 PM
Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
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alex99
06-28 03:12 PM
As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.
Sample Format:
DATE
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508
Re: Immigrant Petition for Alien Worker
Petitioner: XXXXXXXXX
Beneficiary: XXXXXXXXX
Dear Sir/Madam:
This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.
He will be managing XXXXXXXXXXXXX(according to Labor approval)
It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.
Yours Sincerely,
XXXXXX
XXXXXX
Sample Format:
DATE
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508
Re: Immigrant Petition for Alien Worker
Petitioner: XXXXXXXXX
Beneficiary: XXXXXXXXX
Dear Sir/Madam:
This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.
He will be managing XXXXXXXXXXXXX(according to Labor approval)
It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.
Yours Sincerely,
XXXXXX
XXXXXX
hot The Chicago Code#39;s Devin
joeshmoe
09-04 12:44 PM
joeshmoe,
Congratulations on your GC approval. Enjoy the freedom.
Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?
You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...
Congratulations on your GC approval. Enjoy the freedom.
Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?
You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...
more...
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ravi2patel
07-23 11:29 PM
Thanks guys..i did approach another attorney and he said i should be OK as i have a clean record, that i should not get stuck with the 'semantics' of company mergers which happens all the time.
Having said that my current attorney is not asking for more money..so i am confused. But with the Aug.17 deadline fast approaching i will at least complete the paper work and wait for further advice from you kind folks. Thanks
Having said that my current attorney is not asking for more money..so i am confused. But with the Aug.17 deadline fast approaching i will at least complete the paper work and wait for further advice from you kind folks. Thanks
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optimystic
04-22 03:38 PM
As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
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slayer173314
10-25 03:36 PM
Anyone who filed in July still waiting for a receipt / rejection notice?
I filed on July 2nd - haven't heard anything yet.
I filed on July 2nd - haven't heard anything yet.
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johnnybhai
11-19 02:10 PM
You can print the forms and make the changes. I had done this June this year when I had to change the issuing office. No problems at all.
About the drafts, you have to make separate drafts - one set for each applicant.
The fees payable at HDFC Bank per passport are: -
1. Visa Application Fee (MRV Fee): $100 in Indian Rupee equivalent at consular rate of exchange. Rupee amount at current rate of exchange (Rs. 40/-) is Rs 4,000/-
This fee is payable in cash or by DD/HDFC Bank cheque favouring �US Embassy - Visa Fees�. DDs issued by cooperative banks are not accepted.
2. Service Charge: Rs.322/- which includes VFS� service charge Rs310/- & Bank service charge Rs12/- (inclusive of Service Tax @ 12% and Education Cess Tax @0.36%)
This fee is payable in cash or by DD/HDFC Bank cheque favouring �HDFC Bank a/c VFS�. DDs issued by cooperative banks are not accepted.
About the drafts, you have to make separate drafts - one set for each applicant.
The fees payable at HDFC Bank per passport are: -
1. Visa Application Fee (MRV Fee): $100 in Indian Rupee equivalent at consular rate of exchange. Rupee amount at current rate of exchange (Rs. 40/-) is Rs 4,000/-
This fee is payable in cash or by DD/HDFC Bank cheque favouring �US Embassy - Visa Fees�. DDs issued by cooperative banks are not accepted.
2. Service Charge: Rs.322/- which includes VFS� service charge Rs310/- & Bank service charge Rs12/- (inclusive of Service Tax @ 12% and Education Cess Tax @0.36%)
This fee is payable in cash or by DD/HDFC Bank cheque favouring �HDFC Bank a/c VFS�. DDs issued by cooperative banks are not accepted.
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deafTunes123
11-13 03:01 PM
I am curious. What is WOM?
To my knowledge there is no way to expedite the AOS process.
Gurus?
To my knowledge there is no way to expedite the AOS process.
Gurus?
girlfriend The Chicago Code
harish
08-20 07:53 PM
Application was mailed on 06/25/07 to NSC, but my case got transfered to TSC. My receipt number begins with SRC....
485 RD: 06/26/2007
485 ND: 08/06/2007
FP ND: Waiting..........
FP Date: Waiting.........
FP ND: Aug 14th 2007
FP Notice Received Date: Aug 20th 2007
FP Date: Sep 4th 2007
485 RD: 06/26/2007
485 ND: 08/06/2007
FP ND: Waiting..........
FP Date: Waiting.........
FP ND: Aug 14th 2007
FP Notice Received Date: Aug 20th 2007
FP Date: Sep 4th 2007
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pappu
06-30 07:06 PM
update
http://immigrationvoice.org/forum/showthread.php?t=5883
http://immigrationvoice.org/forum/showthread.php?t=5883
krishmunn
05-20 01:44 PM
Get HDFC receipt
Fill DS -160 online (no 156 or 157). You can complete 160 even before paying fees though. You will need to upload photo in DS 160.
2 days after the receipt was issued, take appointment (online).
Arrange to drop the docs (copy of passport, copy of 797, Appointment Letter, Receipt) at VFS Center 3 days before interview (this step is unique for Mumbai consulate).
Appear for interview
You may also buy a Rs250 Ticket to Start & Stripe Lounge where you can sit inside till your appointment time (instead of standing outside in queue) and they will take you to consulate by bus right before interview. It is worth , particularly in hot (or pouring) month of July.
Fill DS -160 online (no 156 or 157). You can complete 160 even before paying fees though. You will need to upload photo in DS 160.
2 days after the receipt was issued, take appointment (online).
Arrange to drop the docs (copy of passport, copy of 797, Appointment Letter, Receipt) at VFS Center 3 days before interview (this step is unique for Mumbai consulate).
Appear for interview
You may also buy a Rs250 Ticket to Start & Stripe Lounge where you can sit inside till your appointment time (instead of standing outside in queue) and they will take you to consulate by bus right before interview. It is worth , particularly in hot (or pouring) month of July.
zofa30
09-14 11:18 AM
I just updated the info I am aware of.
Please consider the following:
Just to remind you I am on EB2+PERM.
I decided to leave my current employer within 2 months so I thought about applying for I-140 premium processing to get it approved before leaving and hence be able to port my PD to the new GC application (new EB2+PERM) with the new employer. Is it worth doing that? In other words, do I gain any time saving when I start the new GC application (EB2+PERM) by porting my PD as I will have to pay the fees twice (lawyers + applications). Please note that I am from EB2 worldwide(not China, India, Mexico, or Philippines) so I expect that the PD will be always current so there will be no time saving from porting my PD? I'd like to know your opinion.
Thanks
Please consider the following:
Just to remind you I am on EB2+PERM.
I decided to leave my current employer within 2 months so I thought about applying for I-140 premium processing to get it approved before leaving and hence be able to port my PD to the new GC application (new EB2+PERM) with the new employer. Is it worth doing that? In other words, do I gain any time saving when I start the new GC application (EB2+PERM) by porting my PD as I will have to pay the fees twice (lawyers + applications). Please note that I am from EB2 worldwide(not China, India, Mexico, or Philippines) so I expect that the PD will be always current so there will be no time saving from porting my PD? I'd like to know your opinion.
Thanks
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