eb3_2004
10-30 01:25 PM
How did u know this info? Did USCIS tell u when u called or did your lawyer tell this?
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h1bmajdoor
04-22 08:43 AM
hello dears.
a lot of desi consultants are made to pay for h1 and gc costs. especially in NJ by the "Jersey boys".
i am also in the situation where if i quit i'll have to pay the company all the costs of the GC. some of you have also paid the company for h1 costs.
i asked an immigration lawyer about this.
this practice is illegal and basically to intimidate you.
the company got you here justifying your presence as being good for business (the said they could not find your skillset here). and they are taking tax deductions on this spending.
since they got you here for their good (we know that!), they have to bear all these costs. if they ask you to bear it, it is illegal and they are commiting immigration and labour fraud.
http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf
"Deduction of attorney�s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer�s business expenses and, for this reason, are not authorized deductions."
http://www.desicrunch.com/Articles/SlumberingGiant.html
a lot of desi consultants are made to pay for h1 and gc costs. especially in NJ by the "Jersey boys".
i am also in the situation where if i quit i'll have to pay the company all the costs of the GC. some of you have also paid the company for h1 costs.
i asked an immigration lawyer about this.
this practice is illegal and basically to intimidate you.
the company got you here justifying your presence as being good for business (the said they could not find your skillset here). and they are taking tax deductions on this spending.
since they got you here for their good (we know that!), they have to bear all these costs. if they ask you to bear it, it is illegal and they are commiting immigration and labour fraud.
http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf
"Deduction of attorney�s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer�s business expenses and, for this reason, are not authorized deductions."
http://www.desicrunch.com/Articles/SlumberingGiant.html
txuser
03-10 01:31 PM
You can apply for L2 with COS online using form I-539. I'm not sure about applying for L2 without COS though. You can probably apply for L2 with COS now, and if your H1B goes through fine, withdraw the L2 petition.
Make sure that you attach copies of your prior employer's H1B Approval Notice, recent paystubs, new employer's H1B receipt notice, paystubs, your I94 along with the other documents to substantiate that you are currently in status and in the country. This is required for the USCIS to grant COS and I-94 with your L2 approval notice.
Also, in the above case, you don't have to go out of country - you will get a new I-94 along with your L2 approval notice.
Please note that this is just my opinion based on my recent transition from H1B to L2. Please get the advice of an Immigration Attorney (probably your new employer's attorney?) before taking any decision.
Make sure that you attach copies of your prior employer's H1B Approval Notice, recent paystubs, new employer's H1B receipt notice, paystubs, your I94 along with the other documents to substantiate that you are currently in status and in the country. This is required for the USCIS to grant COS and I-94 with your L2 approval notice.
Also, in the above case, you don't have to go out of country - you will get a new I-94 along with your L2 approval notice.
Please note that this is just my opinion based on my recent transition from H1B to L2. Please get the advice of an Immigration Attorney (probably your new employer's attorney?) before taking any decision.
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ivgclive
03-07 02:00 PM
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
* Coming as H4 --> So, assuming to join a H1 or equivalent.
* Spouse must be covered by his employer.
* As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
* Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.
Relax.
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
* Coming as H4 --> So, assuming to join a H1 or equivalent.
* Spouse must be covered by his employer.
* As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
* Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.
Relax.
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nixstor
12-08 06:17 PM
Hi
Does any one have contacts in websites like Rediff.com, Samachar.com so that we can put a banner and advt many companies when they lauch new products they put it there. For Eg Airtel similar to Reliance India call, has put a banner on samachar.com
What makes you think that they will do it for free? Unfortunately, I tried contacting some websites. I couldnt elicit a resposne even. their prominent audience are outside of India and in Indian cities. How ever they dont seem to be concerned. We might need some back door connections for these people to get their attention and spread the word.
Does any one have contacts in websites like Rediff.com, Samachar.com so that we can put a banner and advt many companies when they lauch new products they put it there. For Eg Airtel similar to Reliance India call, has put a banner on samachar.com
What makes you think that they will do it for free? Unfortunately, I tried contacting some websites. I couldnt elicit a resposne even. their prominent audience are outside of India and in Indian cities. How ever they dont seem to be concerned. We might need some back door connections for these people to get their attention and spread the word.
greencard_fever
08-19 06:31 PM
I have the copy from Murthy.com [they still have it on]....
send me ur copy to : 509 355 3413
Thanks,
Here is the link for that document..
http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf
send me ur copy to : 509 355 3413
Thanks,
Here is the link for that document..
http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf
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jin108
08-02 08:49 PM
Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
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buehler
07-18 07:36 AM
We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
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little_willy
08-20 11:22 AM
Thanks TempWorker. If you would like to join the state chapter, please PM me with your contact info.
I will be there.
I will be there.
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nepaliboy
02-11 10:01 PM
I am also same boat. Not yet
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mbartosik
03-12 03:33 PM
I am in ROW, EB2 if they processed the interfiling, EB3 if not, with a PD of Dec 2002, and receipt date of 5 May 2007.
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
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divakarr
09-05 10:49 AM
She checked my file over 20 minutes and also talked to her supervisor. they thought USCIS maybe lost my application somewhere. right now, I am waiting response from NSC for my application. I really do not know what need to do.
wish I am the only bad luck one here and good luck to everyone.
wish I am the only bad luck one here and good luck to everyone.
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canmt
11-16 08:21 AM
Read posts on AC21 for details.
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chadoubra
06-21 01:38 PM
i'm going to make an appointment at the local USCIS office and see if they can help. if they can't, i'll apply for the I-539 straight away. thanks!
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s_r_e_e
08-13 06:20 PM
1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
DOL guys seem to know what they are doing.
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
DOL guys seem to know what they are doing.
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like_watching_paint_dry
07-13 09:56 PM
Regardless of the nature of the outcome from USCIS, I think we should all take 5-10 minutes out of our busy lives and all the "predicting" and dash off a quick note of thanks to Congresswoman Lofgren for taking our cause to heart and using her position to ask the right questions that has led USCIS to consider some action to alleviate the pain they caused us by creating this mess. I figured we could show our appreciation for what she did to help us out.
Just a thought.....
Just a thought.....
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kanta80
04-03 10:59 AM
Thank you very much for your reply, sertasheep. Your information is really useful for me.
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injrav
07-27 02:53 PM
1. university of illionis springfield
Department of Computer Science (http://csc.uis.edu/information/gadmissions.html)
I think TOEFL is mandatory but not sure about GRE
2. bridge water state college MASACHUESETTES
School of Graduate Studies : School of Graduate Studies : Bridgewater State College (http://www.bridgew.edu/SoGS/graduate.cfm)
mean while let me explore the colleges which you shared with me
Department of Computer Science (http://csc.uis.edu/information/gadmissions.html)
I think TOEFL is mandatory but not sure about GRE
2. bridge water state college MASACHUESETTES
School of Graduate Studies : School of Graduate Studies : Bridgewater State College (http://www.bridgew.edu/SoGS/graduate.cfm)
mean while let me explore the colleges which you shared with me
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ivgclive
03-07 02:00 PM
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
* Coming as H4 --> So, assuming to join a H1 or equivalent.
* Spouse must be covered by his employer.
* As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
* Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.
Relax.
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
* Coming as H4 --> So, assuming to join a H1 or equivalent.
* Spouse must be covered by his employer.
* As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
* Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.
Relax.
pmpforgc
11-22 03:09 PM
Hi
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
newuser
05-14 08:16 PM
Just got an SMS that the my application was approved on May 13th. (Post Decision Activity)
PD - Jun 5th, 2006 NSC
Received Date - Oct 4th 2007
PD - Jun 5th, 2006 NSC
Received Date - Oct 4th 2007
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