RSRao
10-28 03:32 PM
This is regarding my husbands H1b extension. He has been working for a Indian consultancy since 3 years. Now he got a full time offer with a reputed consulting firm (contract to hire) and they are processing his extension and transfer. Its for a different end client but this company does implementation for the client. We received a first RFE a month back requesting for purchase order, manager letter, duties to be performed, organisational chart etc. The company answered with all the relevant documents. But we have received a second RFE now. Not sure what the RFE is for and we are anxiously waiting for it. Please let us know if any of you guys have faced similar situation, incured a second time RFE. how common is to get RFE for the second time.Also do premium petitions get RFE in a fax or email message or do we have to wait for arrival through mail. The attorney said wud take 2 weeks for it to arrive. His 194 has expired and we are really worried now. What are the other options, can we apply for extension through another company when this one is in process?. He already has started working for this company once the receipt number was sent out. Any inputs are highly appreciated. If you have had similar experiences please share.
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diptam
02-18 05:38 PM
I've given you the details as a personal message (PM) in IV. check that and reply me there or to my email address. I will do the best that i can legally.
Thanks,
Diptam
Thanks Pritam , can u give me u r email id so that i can share resume
Thanks,
Diptam
Thanks Pritam , can u give me u r email id so that i can share resume
desi3933
05-11 05:11 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
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mohitb272
12-10 07:17 PM
in my view software engineer and business analyst are NOT similar. One deals with generating lines of code and the other is taking requirements...in my view both are different...talk to your attorney...it is just my view only...and u know i am neither expert nor an attorney...
Well, In a small company as mine, people have to take a lot of other responsibilities besides development, including customer support and at times taking requirements. My role gradually changed but now I am a BA. Anyway, thanks for the advice.
Well, In a small company as mine, people have to take a lot of other responsibilities besides development, including customer support and at times taking requirements. My role gradually changed but now I am a BA. Anyway, thanks for the advice.
more...
shreekhand
08-03 03:51 PM
Wow! one usually gets an RFE for these, never heard of a NOID for a TB test not taken. I would suggest take a TB test and if it is positive submit the X-ray as well. I guess you should get your approval soon after.
TB test are mandatory now for medicals and these are pretty common RFE to get (again never saw an NOID tho!)
TB test are mandatory now for medicals and these are pretty common RFE to get (again never saw an NOID tho!)
chanlal
07-31 11:50 AM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
more...
snathan
02-11 01:50 PM
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
USPS is cheap and best...
There is one more thing even cheaper...
put it in a water tight bottle and throw it to the pacific ocean...and pray it will reach chennai.:D
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
USPS is cheap and best...
There is one more thing even cheaper...
put it in a water tight bottle and throw it to the pacific ocean...and pray it will reach chennai.:D
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wandmaker
12-19 01:23 AM
Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........
if you invoke AC21 means you have to use EAD not H1B......
AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.
EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".
if you invoke AC21 means you have to use EAD not H1B......
AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.
EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".
more...
MArch172008
06-05 01:20 PM
My labour got approved on May 23rd .
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
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India76
06-04 11:24 AM
Senate is planning to vote on THIS friday and I don't see any urgency or any heat(debate) on this topic. today they will strat debating at 2:30????
more...
nanneh
05-11 06:52 AM
FYI check out http://yourmaninindia.com site as well. They provide some good services like getting BC for you etc.
Thank you amslonewolf
Thank you amslonewolf
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gimme Green!!
08-19 12:58 PM
Thanks Dealsnet!!
I did reply same questions from many people before.
Give me green.
See the linkhttp://immigrationvoice.org/forum/showthread.php?p=271903#post271903
About ADIT:
ADIT=Alien Documentation Identification & Telecommunication Systems.
Could mean biometrics not up to date or just stamp in passport.
Either way they will tell you what they want.
ADIT (I-551) stamping
�
Applicant appears at local USCIS for ADIT processing, as outlined in AOS approval letter. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
�
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
I did reply same questions from many people before.
Give me green.
See the linkhttp://immigrationvoice.org/forum/showthread.php?p=271903#post271903
About ADIT:
ADIT=Alien Documentation Identification & Telecommunication Systems.
Could mean biometrics not up to date or just stamp in passport.
Either way they will tell you what they want.
ADIT (I-551) stamping
�
Applicant appears at local USCIS for ADIT processing, as outlined in AOS approval letter. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
�
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
more...
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fide_champ
09-08 12:21 PM
My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
Usually companies find a way to get around this situation and file a green card for the employee. They might have feared that they may get scrutinized due to the weak economy if they file PERM. The company lawyer might have advised the company to do so. So i guess get a good immigration attorney if you can make that choice.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
Usually companies find a way to get around this situation and file a green card for the employee. They might have feared that they may get scrutinized due to the weak economy if they file PERM. The company lawyer might have advised the company to do so. So i guess get a good immigration attorney if you can make that choice.
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Bhaskar_80
05-21 04:45 PM
Hi,
Yes. PERM is taking close to 7 months if not stuck in Audit. My case was filed on 10/12/2009.
My employer saw that the status of my case changed to Certified in the following website
yesterday. So approximately it is taking b/w 7 to 8 months which is good news.
http://www.plc.doleta.gov/splash.cfm
Can anybody let me know, how long will it take to get the approval notice in hand.
Thanks and Regards
Yes. PERM is taking close to 7 months if not stuck in Audit. My case was filed on 10/12/2009.
My employer saw that the status of my case changed to Certified in the following website
yesterday. So approximately it is taking b/w 7 to 8 months which is good news.
http://www.plc.doleta.gov/splash.cfm
Can anybody let me know, how long will it take to get the approval notice in hand.
Thanks and Regards
more...
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nixstor
09-11 01:53 PM
OFLC is nothing but a department of the agency (DOL)
http://www.workforcesecurity.doleta.gov/foreign/
OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.
http://www.workforcesecurity.doleta.gov/foreign/
OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.
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arunmohan
08-08 06:20 PM
Group:
Please vote this poll. I am ready to any kind of support. We have to do something for EB3.
Please vote this poll. I am ready to any kind of support. We have to do something for EB3.
more...
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santa123
01-23 01:40 PM
CIS Ombudsman - Send Your Recommendations
Looks like another good opportunity to express our hardships and seek CHANGE. Pls write to CIS.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Looks like another good opportunity to express our hardships and seek CHANGE. Pls write to CIS.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
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HOPE_GC_SOON
07-17 12:48 PM
Its too much of waste of a time, on this thread, and misleading all the time, llooking for some interesting news, like processing times.
Guys: Can we stop this somehow, and DO Focuson other major news.
Thanks
Admin should have closed this thread by now.
Thanks.
Guys: Can we stop this somehow, and DO Focuson other major news.
Thanks
Admin should have closed this thread by now.
Thanks.
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MArch172008
06-05 01:20 PM
My labour got approved on May 23rd .
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
chaukas
10-15 01:39 PM
I work for a large ( very large ) software company ( No its not MSFT or Oracle ).
We have quite a few interns from India and they don't even talk about working here. Their goal is to do a masters and go back to India.
We have quite a few interns from India and they don't even talk about working here. Their goal is to do a masters and go back to India.
manderson
04-23 08:50 AM
DOL (Department of Labor) will give ur company a tracking/receipt number. ask ur company to check the status of the case using that number from DOL website.
hope that helps
hope that helps