desi3933
07-26 08:08 AM
Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
Could you please detailed RFE? It is difficult to suggest without the RFE details.
____________________
Not a legal advice.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
Could you please detailed RFE? It is difficult to suggest without the RFE details.
____________________
Not a legal advice.
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royus77
06-21 08:48 PM
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval ?Will that one will also be rejected or by attaching the receipt copy will be good enough?
What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval ?Will that one will also be rejected or by attaching the receipt copy will be good enough?
Legal_In_A_Limbo
04-28 08:27 PM
If you dont mind, can you keep us updated.
I will really appreciate that.
I will really appreciate that.
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Immigstories
01-21 06:56 PM
Gurus
Please share your thoughts on my question above.....
Please share your thoughts on my question above.....
more...
jkays94
05-30 10:10 PM
Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)
meridiani.planum
08-15 09:31 PM
Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
the quota is not filled. Try looking for another job and sponsorer asap!
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
the quota is not filled. Try looking for another job and sponsorer asap!
more...
GCDo
04-24 12:33 AM
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
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venkatosizolon
03-28 11:54 PM
If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).
Employee must be paid ALL THE TIME on H1. Period.
That's the law.
Problem for you is, technically you will be out of status if you are not paid.
What if I only complain about recent unpaid period when I was in even in project. They dint pay any thing on March 15th and dont want to pay on March 31st. They only want to pay in April. Whats your suggestion?
Thx
Employee must be paid ALL THE TIME on H1. Period.
That's the law.
Problem for you is, technically you will be out of status if you are not paid.
What if I only complain about recent unpaid period when I was in even in project. They dint pay any thing on March 15th and dont want to pay on March 31st. They only want to pay in April. Whats your suggestion?
Thx
more...
bkam
05-18 10:34 PM
:) Welcome to our news member Selvaela..
You guys are cunning :) :) :)
You guys are cunning :) :) :)
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mallu
04-15 10:53 AM
I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).
TSC waking up ?
TSC waking up ?
more...
Legal
07-19 10:19 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
you won't be in the "similar" occupation...don't know if you can get away with it.
you won't be in the "similar" occupation...don't know if you can get away with it.
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neelu
12-28 08:48 AM
Thank you everyone for the reply.
Thanks for joining, IV.
We need more membership. Kindly help IV by introducing ONE member.
And this request is to everyone - Please help add ONE member to IV by dec 31st.
Thank you.
Thanks for joining, IV.
We need more membership. Kindly help IV by introducing ONE member.
And this request is to everyone - Please help add ONE member to IV by dec 31st.
Thank you.
more...
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sb0k
11-08 07:46 AM
hi..u forgot to add this
http://www.kirupa.com/forum/showthread.php?t=338382 & http://www.kirupa.com/forum/showthread.php?t=338381
http://www.kirupa.com/forum/showthread.php?t=338382 & http://www.kirupa.com/forum/showthread.php?t=338381
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lazycis
01-15 10:48 AM
Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
more...
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WaitingForMyGC
01-30 03:18 PM
How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.
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pcs
12-30 09:18 AM
Applicable to all retrogessed guys...
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
more...
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h12gc
04-29 02:34 AM
Could any one please answer my questions about my RFE on I 485?
Thanks
h12gc
Thanks
h12gc
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greenmonster
11-30 08:05 AM
Hi,
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
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Munna Bhai
01-08 03:25 PM
How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !!
ItIsNotFunny
01-06 01:27 PM
Dear fellow IV'ians,
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve .... ID #85N48789NY4311439
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
Congratulations! Wish you a GC soon.
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve .... ID #85N48789NY4311439
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
Congratulations! Wish you a GC soon.
saint_2010
08-10 12:11 PM
concentrate on IV Rally instead....guys..
Who has gained any solace from Calling USCIS....
the tier 1 2, or 3 or Tier N at USCIS know nothing......
:cool:
Who has gained any solace from Calling USCIS....
the tier 1 2, or 3 or Tier N at USCIS know nothing......
:cool:
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