Sakthisagar
05-03 11:32 AM
Yesterday on CNN, State of the Union programme Candy Crowley asked Sen Charles Schumer what is next? Energy or Immigration.
He replied with a hearty laugh. Well I don't know. we need to wait.
I think no one is serious about Immigration bill now.
He replied with a hearty laugh. Well I don't know. we need to wait.
I think no one is serious about Immigration bill now.
wandmaker
11-01 10:27 AM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
sanam9696
07-20 07:16 PM
Thanks everyone for replying.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..
abhay
10-29 03:20 PM
Thanks Man. I am nervous now :mad:
more...
Iamthejuggler
01-22 05:48 AM
Well ...
"Click in the flash to activate it and move the mouse to rotate the camera." sounds mighty fine to me. Thanks kirupa :)
"Click in the flash to activate it and move the mouse to rotate the camera." sounds mighty fine to me. Thanks kirupa :)
snathan
02-17 09:06 PM
Do I need recent salary slips for transfer ?
Yes you need.
Yes you need.
more...
gc_in_30_yrs
10-15 02:46 PM
No LUD Update for my case after FP. but, LUD does not matter. Read LogicLife's post, you will get peace of mind.
:)
:)
vandanaverdia
09-10 01:42 PM
Trying to keep this thread alive....
more...
Cali2006
07-07 09:59 PM
Hi,
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
If your position requires a MS + 1 year of experience, you must have had the MS + 1 year of experience when you started the job. If you obtained your MS after you started the job this criteria would not be valid.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
If your position requires a MS + 1 year of experience, you must have had the MS + 1 year of experience when you started the job. If you obtained your MS after you started the job this criteria would not be valid.
rvr_jcop
02-17 04:53 PM
Hi My emplyer is saying that he will apply for extention 3 months before expiry . So I guess he will apply in July . So in that case I need the Paystubs of May and June . Am I right ?
Yes, according to English Calendar :)
Yes, according to English Calendar :)
more...
Catherine
06-23 09:40 AM
Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
MrWaitingGC
05-22 04:20 PM
If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.
How will this change if the new legislation/amendment that are discussed passes.
Any ideas guys.
How will this change if the new legislation/amendment that are discussed passes.
Any ideas guys.
more...
sunofeast_gc
11-07 02:17 AM
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
if you don't inform in advance and incase your old employer inform them , who will get REF..... everthing seems unclear to me as far AC21 is concern...
any authentic document on AC21 releated to job change and promotion?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
if you don't inform in advance and incase your old employer inform them , who will get REF..... everthing seems unclear to me as far AC21 is concern...
any authentic document on AC21 releated to job change and promotion?
vikrantp
01-23 08:45 AM
I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
more...
swede
08-23 11:41 AM
USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
jonty_11
06-15 02:54 PM
its 11 digit the alien number on ur I94 card.
more...
bklog_sufferer
12-05 08:45 PM
can anyone answer this please??
abhijitp
10-30 05:35 PM
If it is the first time, they might ask for a birth certificate
We got a new SSN for my wife after we got her EAD in the mail. They did not ask for the birth certificate. They only needed a valid id (such as passport/ driving license) + the EAD card + completed application form. We got the SSN card in less than 10 days, but I think this depends on where you are. If it helps, we were told 10 days, and we actually got it in 10 days.
We got a new SSN for my wife after we got her EAD in the mail. They did not ask for the birth certificate. They only needed a valid id (such as passport/ driving license) + the EAD card + completed application form. We got the SSN card in less than 10 days, but I think this depends on where you are. If it helps, we were told 10 days, and we actually got it in 10 days.
gg_ny
08-31 08:12 PM
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
babu
We received our confirmatory emails and web status updates in the last two days. My PD is Dec 2004 and 485 RD is Aug 05, NIW EB2 India. My name was stuck at FBI from Nov 05 until maybe mid-Aug 07.
This proves that the 60K visa numbers are not over yet. Next year's ombudsman report will say how many of these would go waste but CIS is still processing AOS applns and hopefully will do until Sept 30. I think they are considering every category is C and going by RD and/or preadjudication status after namecheck, FP clearances.
IV is a core part of my current immigrant status. Having personally met a few core members when the struggle and the group were younger and tumbling while learning to take early steps, it is heartening to see where the organization stands now and going to walk the line on 18th :-). I see this as a perfect example of grassroot level organization and activity, the spirit of which lives in this country but has gone missing or dormant in countries from which IV members have come.
I have friends who are suffering their way thru the GC process. When I think about them, I could only mutter,"thank God, there is IV".
I'm very excited to say that I got my green card approved. Thank you for all of your support.
babu
We received our confirmatory emails and web status updates in the last two days. My PD is Dec 2004 and 485 RD is Aug 05, NIW EB2 India. My name was stuck at FBI from Nov 05 until maybe mid-Aug 07.
This proves that the 60K visa numbers are not over yet. Next year's ombudsman report will say how many of these would go waste but CIS is still processing AOS applns and hopefully will do until Sept 30. I think they are considering every category is C and going by RD and/or preadjudication status after namecheck, FP clearances.
IV is a core part of my current immigrant status. Having personally met a few core members when the struggle and the group were younger and tumbling while learning to take early steps, it is heartening to see where the organization stands now and going to walk the line on 18th :-). I see this as a perfect example of grassroot level organization and activity, the spirit of which lives in this country but has gone missing or dormant in countries from which IV members have come.
I have friends who are suffering their way thru the GC process. When I think about them, I could only mutter,"thank God, there is IV".
reverendflash
10-21 02:29 AM
:asian: :cool: :cowboy: :ninja: :pirate:
cakes are fun... :P :P
plus they taste good... =)
Rev:elderly:
cakes are fun... :P :P
plus they taste good... =)
Rev:elderly:
naveenarjun
06-04 10:39 AM
If this is old then why did i see it on THOMAS as
=====================================
S.1348
Title: A bill to provide for comprehensive immigration reform and for other purposes.
Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
======================================
:confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
======================================
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
=====================================
S.1348
Title: A bill to provide for comprehensive immigration reform and for other purposes.
Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
======================================
:confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
======================================
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
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