gonecrazyonh4
04-25 12:58 PM
Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
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invincibleasian
02-21 12:26 AM
invincibleasian :
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!
roseball
08-07 11:10 AM
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
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needhelp!
08-31 12:32 AM
We just had a laugh discussing this, I hope you do too :)..NO.. but back to my initial question, just for Curiosity's sake
Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...
Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...
more...
BMS1
08-21 06:37 PM
are you in EB2?
Yes I am.
Yes I am.
gconmymind
09-29 03:35 PM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
Hope there are a few more approvals today and tomorrow before dates retrogress...
Hope there are a few more approvals today and tomorrow before dates retrogress...
more...
kirupa
06-06 02:41 PM
haha - I just removed the first green stamp and added 1 to his other stamp :)
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ita
11-19 03:41 PM
I have recently returned using AP. I had 3 APs and the officer took one and returned 2 back to me. Both were stamped and the officer told me that for my next trip I can use the 2 APs with me. And also that I need not submit any AP on my next trip back.
Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?
My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.
SO I'm wondering how many approvals does one trip take?
Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
So will he be able to make another trip abroad?
Thank you.
Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?
My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.
SO I'm wondering how many approvals does one trip take?
Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
So will he be able to make another trip abroad?
Thank you.
more...
edaltsis
11-12 11:58 AM
From the day you file your case you are legal to work with your new employer until its approval or denial. When you file your case (filed in normal processing without including paystub) sometimes they just approve it and sometimes they ask for a current paystub for evidence to close the case as approved. As you start working for your new company you would get a pay stub which can be used for the query.
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53885
05-14 07:53 PM
They dont want to loose visa numbers for this year. 2 years movement guarantees that those eligible can file 485 & EAD. If next month USCIS receives 50,000 applications the dates could move back.
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
more...
amulchandra
01-16 08:19 PM
I have applied for an H1b transfer with out paystubs. I am eligible to work from oct 1st 2007. But in my case too I did not get any project as a consultant but got 2 fulltime direct job offers. I accepted one. I stared working for them from the day they filed my transfer with USCIS. The problem is that I did not receive any receipt notice but today when I went online and checked my old approved H1b I see a message that on JAN 16 th 2008 we approved your petition and sent you an approval notice. So can anyone tell me what is this?Should I assume that my H1b transfer got approved?
Thank you very mcuh for your inputs.
amulchandra
Thank you very mcuh for your inputs.
amulchandra
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sobers
06-07 06:13 PM
About a week back (see my first post in this thread), I said if FAIR lobbyist Brian Bilbray wins the special election in Calif. it will galvanize the anti-immigration sources. This really was a bellweather election and the folks in the 50th district made their choice: a restrictionist lobbyist over a liberal non-lobbyist who favored the Senate immig plan. Whatever the dynamics of the race or the constituency, this is what it boils down to.
http://www.cnn.com/2006/POLITICS/06/07/midterm.california/index.html
Plus, now Tancredo adds another House member to his immigration "reform" (read Restrictionist) caucus, making the Comprhensive Reform even more difficult to achieve this year.
http://tancredo.house.gov/press/PRArticle.aspx?NewsID=1200
Well, sure enough, you saw Dobbs touting Bilbray today. All the Restrictionist media also made a big deal out of this (Fox, Wash Times, etc). Rep Duncan Hunter, another house restrictionist, also hardened his position on a compromise, saying it reflected the position of the House Leadership. Soemtimes I think this is a deliberate attempt on part of the Republican Party to mobilize their core voters- Repub House candidates who show they can oppose their President on Immigration will be rewarded with votes from the republican base. This is how Repubs will use immigration as a wedge issue this year, mobilize their base, and try to retain control of the house when almost every other issue (Iraq war, ethics, deficits) is against them. Bush will probably continue to promote immig compromise till the July 2 election in Mexico, and let it go after a Calderon win. Meanwhile, the conference committtee will be appointed, but there will be no compromise this year as House Repubs use this as a wedge issue to get their voters out.
What this means for us is that IV should now start looking for an alternative legislative vehicle for Immigration Relief (which they probably are already). I know nothing can be moved until CIR officially dies, but we should do the groundwork on future efforts so no time is wasted when CIR does die in late july. I wish I am proven wrong, but I suspect there is a less than 5% chance of passing an Immigration Bll similar to the Senate version this year. I'm not usually downbeat, but frankly this is what I see happening.
http://www.cnn.com/2006/POLITICS/06/07/midterm.california/index.html
Plus, now Tancredo adds another House member to his immigration "reform" (read Restrictionist) caucus, making the Comprhensive Reform even more difficult to achieve this year.
http://tancredo.house.gov/press/PRArticle.aspx?NewsID=1200
Well, sure enough, you saw Dobbs touting Bilbray today. All the Restrictionist media also made a big deal out of this (Fox, Wash Times, etc). Rep Duncan Hunter, another house restrictionist, also hardened his position on a compromise, saying it reflected the position of the House Leadership. Soemtimes I think this is a deliberate attempt on part of the Republican Party to mobilize their core voters- Repub House candidates who show they can oppose their President on Immigration will be rewarded with votes from the republican base. This is how Repubs will use immigration as a wedge issue this year, mobilize their base, and try to retain control of the house when almost every other issue (Iraq war, ethics, deficits) is against them. Bush will probably continue to promote immig compromise till the July 2 election in Mexico, and let it go after a Calderon win. Meanwhile, the conference committtee will be appointed, but there will be no compromise this year as House Repubs use this as a wedge issue to get their voters out.
What this means for us is that IV should now start looking for an alternative legislative vehicle for Immigration Relief (which they probably are already). I know nothing can be moved until CIR officially dies, but we should do the groundwork on future efforts so no time is wasted when CIR does die in late july. I wish I am proven wrong, but I suspect there is a less than 5% chance of passing an Immigration Bll similar to the Senate version this year. I'm not usually downbeat, but frankly this is what I see happening.
more...
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BhanuPriya
01-13 07:27 PM
Hi All,
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
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wildcat1313
03-30 11:32 PM
Client lawyers have advised against it. So vendor can't do anything. I'm still trying to see if they can fax it directly to the consulate or send it in seal envelope to them
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
more...
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ameryki
03-17 10:47 PM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.
ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.
ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.
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hello
11-29 01:52 PM
Source The OH law firm
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
Any news on this?Will they give EAD?
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
Any news on this?Will they give EAD?
more...
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immigrationvoice1
12-08 01:25 PM
BTW, what are some of the online MS / MBA schools that the H1B community is attending ? Please share this information as I plan to take up one, and wanted to learn from your experirnce.
Thanks in advance.
Thanks in advance.
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thepaew
09-24 02:45 PM
Hello Seba
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
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nixstor
02-23 10:48 AM
H1B's are Resident aliens for tax purposes. USCIS and IRS use different terms.
siva007
04-02 05:14 PM
Hi,
I send my AINP Application package on 18th March (H1-B worker stream) and was received by the AINP on 20th March. However I have not received any confirmation or a file number yet since it takes 2 months. Any idea if my application will be considered according to the current policies or according to the new changes that are coming up on April 15th?
Please let me know.
Thanks.
I send my AINP Application package on 18th March (H1-B worker stream) and was received by the AINP on 20th March. However I have not received any confirmation or a file number yet since it takes 2 months. Any idea if my application will be considered according to the current policies or according to the new changes that are coming up on April 15th?
Please let me know.
Thanks.
max714
04-09 10:48 PM
I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
A different view regardless of EAD/H1 rules: don't be nice guy accepting whatever employer tells you. Negotiate and don't underestimate your value.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
A different view regardless of EAD/H1 rules: don't be nice guy accepting whatever employer tells you. Negotiate and don't underestimate your value.
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