xyzqwer
01-22 02:47 PM
I'm planning on applying for a new H1B, but the quota is almost over and there is a risk that I might get rejected again since its the same employer.
I wanted to know if I should apply for CP while in India, since my priority date is current.
Anyone know the CP timeline and how long it would take to finally get the GC?
I wanted to know if I should apply for CP while in India, since my priority date is current.
Anyone know the CP timeline and how long it would take to finally get the GC?
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senthil1
12-02 11:00 PM
If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).
o lord labaku... in this case, i am talking to those of us who have started up a company in recent times and are looking forward to offsetting their incomes by the company expenses and hence save on taxes...
o lord labaku... in this case, i am talking to those of us who have started up a company in recent times and are looking forward to offsetting their incomes by the company expenses and hence save on taxes...
p7810456
06-18 05:59 PM
I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
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xyzqwer
01-23 07:12 AM
Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
more...
shana04
03-05 06:47 AM
My I140 is approved, 180 days complete and looking to change jobs in May/June.
I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?
No
I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?
No
RRG
07-11 05:46 PM
Now that we have the people aware through Flowers, we can go for the big kill.
Advertize in Newspapers in D.C., State capitals or National newspapers
We can contribute ti IV and IV can advertize.
Half page ad with facts, events and Rep. Lofgren letter.
Nothing works better than mass media awareness
What do you think IV?
Advertize in Newspapers in D.C., State capitals or National newspapers
We can contribute ti IV and IV can advertize.
Half page ad with facts, events and Rep. Lofgren letter.
Nothing works better than mass media awareness
What do you think IV?
more...
diptam
04-13 07:12 PM
sledge_hammer,
Please check my PM.
Howzatt,
The issue is not H1 transfer - i transferred it 5 weeks back and know multiple folks who will transfer again.
The issue is they are not been able find projects quickly - without Projects the transfer may not be approved ( this is happening these days) and also who will pay me without getting money from client ??
What line of work are you in? Either send me a PM or post here.
Please check my PM.
Howzatt,
The issue is not H1 transfer - i transferred it 5 weeks back and know multiple folks who will transfer again.
The issue is they are not been able find projects quickly - without Projects the transfer may not be approved ( this is happening these days) and also who will pay me without getting money from client ??
What line of work are you in? Either send me a PM or post here.
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sathweb
01-21 02:30 PM
Dear IV Friends,
Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.
Please help if someone has any idea about the time taken to withdraw a PERM application.
Thank you,
Ravi.
WITHDRAWAL
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.
Please help if someone has any idea about the time taken to withdraw a PERM application.
Thank you,
Ravi.
WITHDRAWAL
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
more...
sanju
11-27 11:36 PM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
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karthik_may
07-18 04:06 PM
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
more...
capriol
09-17 08:11 PM
Hello all,
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
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eb2_mumbai
10-09 04:23 PM
Effectively copy paste of Oct bulletien. Not suprised but definately disappointed.
more...
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rajeevkaza
04-02 04:20 PM
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
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sbmallik
05-19 02:13 PM
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
Answers below:
1. Other thatn fingerprinting enquiry nothing gets revelaed at infopass.
2. Notice date.
3. No.
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
Answers below:
1. Other thatn fingerprinting enquiry nothing gets revelaed at infopass.
2. Notice date.
3. No.
more...
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jonty_11
07-05 03:34 PM
"Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations … Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said."
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logiclife
04-28 01:36 PM
Thanks for your contributions.
All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.
Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.
Just wanted to clarify.
Thanks.
All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.
Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.
Just wanted to clarify.
Thanks.
more...
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indianindian2006
08-28 02:04 PM
IV member Venkat80 posted this mail but has removed it for some reason.
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yabayaba
08-18 09:36 PM
Hi Experts,
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
No Interim EAD are issued by USICS. Take an infopass, she will guide you what you need to do on this unique RFE.
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
No Interim EAD are issued by USICS. Take an infopass, she will guide you what you need to do on this unique RFE.
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nat23
03-09 02:06 PM
Hi nat23,
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.
Please advise. Much appreciated - thanks
Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.
Please advise. Much appreciated - thanks
Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.
jatinr
07-23 06:45 PM
USCIS has cleared answers to most of the questions related to receipt notice,but not the one where a I-485 receipt notice is not issued and the applicant has to file 765/131 before August 17th to take advantage of old fees.
Most of the applicants were not able to file 485/765 and 131 concurrently.
Also based on new instructions of direct filing, the exact location where the EAD/AP needs to be filed post July 30th.
Can someone get these claried as part of FAQ's
Most of the applicants were not able to file 485/765 and 131 concurrently.
Also based on new instructions of direct filing, the exact location where the EAD/AP needs to be filed post July 30th.
Can someone get these claried as part of FAQ's
GC_1000Watt
01-26 12:50 PM
Question to Mr. President:
In the world of so called "Equal Opportunity" I wonder why we have country quota on employment based green card system.
And on top of that I really have no idea why the concerned authorities can't recapture thousands of wasted employment based visas in the past.
Mr. President, I am sure that once the employment based green card is being taken care of there will be thousands of immigrants becoming proud permanent resident and will not hesitate investing in houses/cars/etc to give the much required boost to the economy.
I'll request you to please provide your kind cognizance on the much awaited employment based immigration relief.
Thanks in advance.
One of the many a thousands of sufferer of slow employment based green card system.
In the world of so called "Equal Opportunity" I wonder why we have country quota on employment based green card system.
And on top of that I really have no idea why the concerned authorities can't recapture thousands of wasted employment based visas in the past.
Mr. President, I am sure that once the employment based green card is being taken care of there will be thousands of immigrants becoming proud permanent resident and will not hesitate investing in houses/cars/etc to give the much required boost to the economy.
I'll request you to please provide your kind cognizance on the much awaited employment based immigration relief.
Thanks in advance.
One of the many a thousands of sufferer of slow employment based green card system.
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