Ramba
10-29 06:19 PM
Hi ,
One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.
First, employer or his agent only reply to RFE, not your friend.
Second, it is a simple stright forward RFE, unless INS found some fishy thing (or doubting as it is a bonafide sponsership) as employee not working for sponser. May be they are trying to control future employee loop hole. Employer can write the reason why he left and why they want to hire him back. It is a strightforward easy question to answer.
One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.
First, employer or his agent only reply to RFE, not your friend.
Second, it is a simple stright forward RFE, unless INS found some fishy thing (or doubting as it is a bonafide sponsership) as employee not working for sponser. May be they are trying to control future employee loop hole. Employer can write the reason why he left and why they want to hire him back. It is a strightforward easy question to answer.
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cr125rider
04-16 01:43 AM
Update:
amindarshana
01-24 08:38 AM
I have some issues with my 140.. I have doubt it might get denied... so if my my husband (H4) starts working now on EAD, he will loose his h4 status... and later if 140 is denied , he will be out of status , he has to go back to india and get h4 stamped... I don't want to go through all this hassel..so just matter of couple of months.. will wait for 140 decision...and if it gets approved he will use EAD to work.
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nirdlalegcade
01-29 10:37 PM
Not a problem, just have somebody to check your mail in case the USCIS sends a fingerprint appointment or something else.
I am just waiting for the green card.
Is there any time limit when I'm out of the US??
Thank you. Help please.
I am just waiting for the green card.
Is there any time limit when I'm out of the US??
Thank you. Help please.
more...
Blog Feeds
06-23 12:50 AM
The American Competitiveness and Workforce Improvement Act (ACWIA), imposes annual reporting requirements on U.S. Citizenship and Immigration Services (USCIS) concerning the countries of origin and occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under H1B Visas (http://www.h1b.biz/lawyer-attorney-1137085.html) during the previous fiscal year.
Here are some highlights from the report submitted by USCIS earlier this year:
� The number of H-l B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) filed decreased 15 percent from 288,764 in Fiscal Year
2008 to 246,647 in Fiscal Year 2009.
� The number of H1B petitions approved decreased 22 percent from 276,252 in Fiscal
Year 2008 to 214,271 in Fiscal Year 2009.
� Approximately 48 percent of all H1B petitions approved in Fiscal Year 2009 were for
workers born in India.
� Two-thirds of H1B petitions approved in Fiscal Year 2009 were for workers between the
ages of25 and 34.
� Forty-one percent of H1B petitions approved in Fiscal Year 2009 were for workers with
a bachelor's degree, 40 percent had a master's degree, 13 percent had a doctorate, and 6
percent were for workers with a professional degree.
� About 41 percent of H1B petitions approved in Fiscal Year 2009 were for workers in
computer-related occupations.
� The median salary of beneficiaries of approved petitions increased to $64,000 in Fiscal
Year 2009, $4,000 more than in Fiscal Year 2008.
Pretty interesting information, we hope that things will improve as our economy continues to recover.
More... (http://www.visalawyerblog.com/2010/06/h1b_visa_lawyer_characteristic.html)
Here are some highlights from the report submitted by USCIS earlier this year:
� The number of H-l B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) filed decreased 15 percent from 288,764 in Fiscal Year
2008 to 246,647 in Fiscal Year 2009.
� The number of H1B petitions approved decreased 22 percent from 276,252 in Fiscal
Year 2008 to 214,271 in Fiscal Year 2009.
� Approximately 48 percent of all H1B petitions approved in Fiscal Year 2009 were for
workers born in India.
� Two-thirds of H1B petitions approved in Fiscal Year 2009 were for workers between the
ages of25 and 34.
� Forty-one percent of H1B petitions approved in Fiscal Year 2009 were for workers with
a bachelor's degree, 40 percent had a master's degree, 13 percent had a doctorate, and 6
percent were for workers with a professional degree.
� About 41 percent of H1B petitions approved in Fiscal Year 2009 were for workers in
computer-related occupations.
� The median salary of beneficiaries of approved petitions increased to $64,000 in Fiscal
Year 2009, $4,000 more than in Fiscal Year 2008.
Pretty interesting information, we hope that things will improve as our economy continues to recover.
More... (http://www.visalawyerblog.com/2010/06/h1b_visa_lawyer_characteristic.html)
raysaikat
11-09 05:15 PM
Hi,
My wife came to US on H4 and changed to F1 status thru COS. She is doing Masters 2nd semester and went for F1 visa stamping this week in India. She got 221(g) pink slip asking explain her projects, plans afer study etc. Visa officier withheld her passport and I20.
BTW the way I am on H1B and provided all the financial support documents.
I searched the online didnt any F1 getting 221(g) pink.
1)If anyone else got this for F1 please share your experiences and any tips.
2)How long it takes after repsonding to thier queries
3)what are the chances getting visa after getting 221(g) pink
4) Do you suggest getting any professional in drafting the reponse to te queries.. if so do you know any one in Hyderabad, India
Thanks,
mohan517
Submit what the IO requested. With F1, the usual problem is proving no intent for immigration.
My wife came to US on H4 and changed to F1 status thru COS. She is doing Masters 2nd semester and went for F1 visa stamping this week in India. She got 221(g) pink slip asking explain her projects, plans afer study etc. Visa officier withheld her passport and I20.
BTW the way I am on H1B and provided all the financial support documents.
I searched the online didnt any F1 getting 221(g) pink.
1)If anyone else got this for F1 please share your experiences and any tips.
2)How long it takes after repsonding to thier queries
3)what are the chances getting visa after getting 221(g) pink
4) Do you suggest getting any professional in drafting the reponse to te queries.. if so do you know any one in Hyderabad, India
Thanks,
mohan517
Submit what the IO requested. With F1, the usual problem is proving no intent for immigration.
more...
khare81
01-08 03:13 PM
Hi,
My current visa status is H4. As i cannot work on this visa, I am interested in doing an Unpaid Internship. Please clarify whether I can do so on an H4 visa.
I'm trying to secure the internship in a nonprofit organisation. Will there be an exception for them, in case it's not allowed otherwise?
Thanks a tonne!!!
My current visa status is H4. As i cannot work on this visa, I am interested in doing an Unpaid Internship. Please clarify whether I can do so on an H4 visa.
I'm trying to secure the internship in a nonprofit organisation. Will there be an exception for them, in case it's not allowed otherwise?
Thanks a tonne!!!
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viksi82
11-09 09:37 PM
For B-2 visa for my parents do i need to send the I-134 or is this a thing of the past?
Also, these are the documents that i have. Do i need to send anything else?
copy of my passport
copy of visa/petition/i-94
copy of renewed petition /i-94
Pay slips for the past few months
Employment letter/Deputation letter
Copy of W2
Also, these are the documents that i have. Do i need to send anything else?
copy of my passport
copy of visa/petition/i-94
copy of renewed petition /i-94
Pay slips for the past few months
Employment letter/Deputation letter
Copy of W2
more...
theshiningsun
12-14 08:27 PM
hi attorneys,
i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
pls. note that I-485 is not filed, so i cannot invoke AC-21.
thx in advance,
i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
pls. note that I-485 is not filed, so i cannot invoke AC-21.
thx in advance,
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JunRN
07-18 08:07 AM
I believe so....if your LC is approved in August, then your PD is August. It is not qualified under July VB.
more...
loku
10-02 12:57 AM
I been working on H1-B for sometime. My project ended 3 months ago and I had been unpaid since then. My H1-B expired on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. Cmpany replied to the RFE. The status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and the transfer application got approved with starting date of September 24. I haven't got my new approved I-797 yet.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
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unseenguy
06-08 08:45 PM
Hi Guys,
I was reading another thread and a question came to my mind..
I entered in US on AP and got the I-94 with the validity date as my AP date. Now my AP is going to expire and I am not going to travel anywhere any time this year. So just wondering what will happen when the I-94 is expired. Do I have to get it renewed from somewhere or just dun worry about it. or do I have to apply for a new AP.
Can anyone can shed some light on this situation?
If your AP expires, renew it. Dont worry about I-94
I was reading another thread and a question came to my mind..
I entered in US on AP and got the I-94 with the validity date as my AP date. Now my AP is going to expire and I am not going to travel anywhere any time this year. So just wondering what will happen when the I-94 is expired. Do I have to get it renewed from somewhere or just dun worry about it. or do I have to apply for a new AP.
Can anyone can shed some light on this situation?
If your AP expires, renew it. Dont worry about I-94
more...
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tejonidhi
01-14 08:47 AM
Hi,
I am a july 2 filer and I am in the same boat. I did call uscis and usually they give us the same answer that says we received your application on so and so and we will work on this. this is the latest and greatest information we have. I tried a different combination and found that my application has been moved to STORAGE facility. I am in the process of retriving that by sending Expedite request from lawyer.
Try this combination to know the status of your application.
1800 375 5283
1,2,2,6,1 ,Enter receipt number, 1 listen to message, 3 ,4
This will connect you to immigration information officer who has access to the database and he can give you a good picture about your application.All the best
Tejonidhi
I am a july 2 filer and I am in the same boat. I did call uscis and usually they give us the same answer that says we received your application on so and so and we will work on this. this is the latest and greatest information we have. I tried a different combination and found that my application has been moved to STORAGE facility. I am in the process of retriving that by sending Expedite request from lawyer.
Try this combination to know the status of your application.
1800 375 5283
1,2,2,6,1 ,Enter receipt number, 1 listen to message, 3 ,4
This will connect you to immigration information officer who has access to the database and he can give you a good picture about your application.All the best
Tejonidhi
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amsgc
06-13 09:14 PM
Hi,
Thanks FactoryMan. I had a similar question. My thought is that if the spouse is a dependent, then it shouldn't matter what status s/he is, as long is it is legal.
The next question is, suppose we apply for EAD, but the spouse's current student status expires before receiving the EAD, do they fall out of status?
Thanks,
Ams
Thanks FactoryMan. I had a similar question. My thought is that if the spouse is a dependent, then it shouldn't matter what status s/he is, as long is it is legal.
The next question is, suppose we apply for EAD, but the spouse's current student status expires before receiving the EAD, do they fall out of status?
Thanks,
Ams
more...
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gcfriend65
12-18 08:35 AM
I had a soft touch on my LUD for I-485 yesterday. Have received EAD card and been fingerprinted. Waiting for AP approval. Does anyone have a clue what is this in regards to?
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finmarnov
01-16 03:00 PM
Yes you would need a transit visa. In fact in Air India (not sure about other airlines) without transit visa you cannot even board the plane from US
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sanan
06-15 08:53 AM
I would do it separately
Good Luck
Hi All,
I got RFE on 485(field in Dec 2004) in last month for TB Skin test and employement letter. My PD is not current but INS is processing my application. I am waiting for physical notice from attorney. I have dependent whose AOS is not filed now I can not file due to retrogression.
With July bulletin my PD becomes current I am ready to file AOS to my dependent. Offcourse not sure that once I submitted to attorney how soon he will send to USCIS.
I have question that which one is best option to file dependet's AOS?
Submit dependent's AOS with evidences to RFE ? Means in same cover?
or
Submit dependent's AOS and evidences to RFE separatley?
Please advise.
thanks
vali
Good Luck
Hi All,
I got RFE on 485(field in Dec 2004) in last month for TB Skin test and employement letter. My PD is not current but INS is processing my application. I am waiting for physical notice from attorney. I have dependent whose AOS is not filed now I can not file due to retrogression.
With July bulletin my PD becomes current I am ready to file AOS to my dependent. Offcourse not sure that once I submitted to attorney how soon he will send to USCIS.
I have question that which one is best option to file dependet's AOS?
Submit dependent's AOS with evidences to RFE ? Means in same cover?
or
Submit dependent's AOS and evidences to RFE separatley?
Please advise.
thanks
vali
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ames
03-06 11:13 PM
I really like your second attempt as well! This one is also a very nice sketch with attention to detail. :)
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kim123456
12-30 11:44 AM
I have always stayed on H1B since I came in USA.
I entered in USA on H1B with Company A. Transferred H1B from A to B and B to C in last three years. Currently I am working for Company 'C' and my green card file was filed in Company 'D' in Year 2004.Labour and I140 approved and I485 filed and pending as part of Green card processing with Company 'D'(EB-3 category).I have never worked for Company 'D'. Not even spent single day at Company D. Now, Company D is suffering from 2008-2009 worst recessions and about to get close in one month. They already informed me. What are the options to get green card with as less risk as possible?
Please accept my appreciation and thank you in advance for your time that you will spent to help me on this issue.
I entered in USA on H1B with Company A. Transferred H1B from A to B and B to C in last three years. Currently I am working for Company 'C' and my green card file was filed in Company 'D' in Year 2004.Labour and I140 approved and I485 filed and pending as part of Green card processing with Company 'D'(EB-3 category).I have never worked for Company 'D'. Not even spent single day at Company D. Now, Company D is suffering from 2008-2009 worst recessions and about to get close in one month. They already informed me. What are the options to get green card with as less risk as possible?
Please accept my appreciation and thank you in advance for your time that you will spent to help me on this issue.
Ann Ruben
01-19 10:25 AM
Applicants for k-3 visas must apply at the US Consulate in the country where the marriage took place, or in their country of nationality. So, unless your marriage took place in canada, your husband will not be able to apply there for a K-3 visa.
Situations such as yours are complicated and very fact specific. You should consult with an experienced immigration attorney before taking any further action on your own.
Situations such as yours are complicated and very fact specific. You should consult with an experienced immigration attorney before taking any further action on your own.
jonty_11
03-10 03:35 PM
ask to see if ur company can support the original GC application also. If they will provide you documentation that you mention in the 3rd point you should be fine.
Your company attorney's should be able to guide you more.
I think this is no different that using an EAD to switch jobs. You can continue working on H1B also - provided your company sees no need to file amended H1B .
Your company attorney's should be able to guide you more.
I think this is no different that using an EAD to switch jobs. You can continue working on H1B also - provided your company sees no need to file amended H1B .
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