GCard_Dream
07-09 02:07 AM
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
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sidm
03-29 02:43 PM
That is good, but what about those whose OPT expired in Dec or Aug last year: can it retroactively activated?
There should be a clause to re-activate OPT for people maintaining legal presence in US, who were affected by last year's H1 lottery and whose OPT expired last year.:confused:
There should be a clause to re-activate OPT for people maintaining legal presence in US, who were affected by last year's H1 lottery and whose OPT expired last year.:confused:
gc_chahiye
07-12 11:59 AM
you wont be subject to cap if you jump to H4 and jump back to H1 since you were on cap subject H1 within the past 365 days. However if your spouse jumps to H4, she can only jump back to a non-cap H1. If she wants to work for a for-profit, she has to go through teh H1 cap.
Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.
If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.
one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)
Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.
If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.
one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)
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skodu
08-03 12:35 AM
If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
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bipin
03-18 02:45 AM
I worked with a desi consulting company Since Aug 2006. I moved to that company with my current project with the promise of faster GC process. My PERM was approved in Nov 2007, so missed July 2007 filing. I had to leave for India for few months due to an urgent personal issue and came back in April 2008. So I didn't work for 5 months (Nov 2007 - Apr 2008). When I came back he couldn't find any project for me and I realized he was a small company (The company was in NJ and I'm in CA). I found a job on my own in May 2008 and since I realized I'll be in trouble with him again I moved to another consulting company. Since he didn't pay me for 5 months and to prevent me from complaining against him, he said he'll take care of I-140. He said there was an RFE in Mar 2008 and he responded back. He told me it was on my W2 and I asked attorney and he also confirmed it. I didn’t get a copy of I-140 receipt, but I got the receipt number when it was applied.
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
delax
11-06 08:53 AM
Can we know which airline direct flight from Mumbai to Newark you mentioned something new or is it AirIndia??
Presently Continental is the only non-stop EWR-BOM service operated on a daily basis. AI flies EWR-CDG-BOM
Presently Continental is the only non-stop EWR-BOM service operated on a daily basis. AI flies EWR-CDG-BOM
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redds777
09-20 08:47 PM
Hi
I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
if possible delay H1B filing from employer C if you can
I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .
Hope this helps
Redds
Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.
I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
if possible delay H1B filing from employer C if you can
I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .
Hope this helps
Redds
Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.
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shirish
03-14 03:20 PM
My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.
You are right. I checked it with Germen consulate in DC few days back.
You are right. I checked it with Germen consulate in DC few days back.
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pitha
02-24 11:27 AM
People on H4 cannot get any sort of tution waiver like F1 guys can get with TA or RA
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wandmaker
08-25 09:39 AM
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch
more...
bluekayal
08-20 02:24 PM
I've tried several times recently to check my status at TSC. Each time I get the same reply, " We do not do status checks any more. Please contact National Customer Service, and do a referral and open a Service Request."
I'd love to know how others are tackling this new obstacle!
I'd love to know how others are tackling this new obstacle!
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chaukas
10-23 01:50 PM
buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.
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fromnaija
11-17 11:51 AM
Hmmm...
In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.
That is just my humble opinion.
Regards,
Tito
You are right! I also do not think anything will get passed until 2007. SKILL or CIR will only get passed in the January to August 2007 timeframe. By 2008, focus will be on the Presidential election.
In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.
That is just my humble opinion.
Regards,
Tito
You are right! I also do not think anything will get passed until 2007. SKILL or CIR will only get passed in the January to August 2007 timeframe. By 2008, focus will be on the Presidential election.
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pitha
07-05 12:41 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
more...
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rameshvaid
05-27 04:57 PM
I showed my 485 Receipt notice as evidence and renewed my licence. You don't have to always produce EAD (then every 2 year you have to renew the licence).
If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.
Pls. reply to my PM, I sent you earlier.
Thanks..
RV
If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.
Pls. reply to my PM, I sent you earlier.
Thanks..
RV
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123456mg
08-03 05:19 PM
I bet you your attorney had either not replied that RFE and plainly let go the matter or the RFE response must have not gotten to USCIS in time. It had happened to one of my company collegue as well. Please ask your attorney to give you copies of details about the RFE and also provide (with FEdEx tracking number) the response that he wrote to USCIS. It is very easy to track if it is your company attorney screw-up or a genuine issue.
more...
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sandy_anand
01-24 10:06 AM
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
Thanks! I stand corrected.
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
Thanks! I stand corrected.
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Munna Bhai
01-09 12:50 PM
which service center? You can ask your employer to ask USCIS as 140 is employer's application.
NSC
NSC
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gugan
12-13 09:39 AM
Hi, I am planning to apply for PIO card for my daughter , can you please tell me what are all the documents I need to get notarized ?
Thanks
Thanks
InTheMoment
06-16 04:59 PM
See below
Predierock,
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
No, that won't happen as H1B is dual status and she can start working on H1B from Oct 1.
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
That is not possible, once an EAD is used to work falling back on the H1B means going thro' the H1B application process once again since the original H1B is violated.. but more importantly ....USCIS considers this as abandoning your I-485 !
While H1B to EAD means only updating the I-9 the reverse is not easy for reasons abovementioned ;)
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
Predierock,
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
No, that won't happen as H1B is dual status and she can start working on H1B from Oct 1.
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
That is not possible, once an EAD is used to work falling back on the H1B means going thro' the H1B application process once again since the original H1B is violated.. but more importantly ....USCIS considers this as abandoning your I-485 !
While H1B to EAD means only updating the I-9 the reverse is not easy for reasons abovementioned ;)
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
beemboy
05-31 10:11 AM
This is my first time $200 contribution for this great organization. Keep up the good work guys!!
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