indio0617
01-30 12:22 PM
You need your employer's approval, without them you cannot change the attorney. If employer's says yes, then you can switch attorney.
Munna Bhai:
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
Munna Bhai:
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
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fasterthanlight�
06-14 10:25 PM
Well then at least center it!
voldemar
02-28 11:26 PM
I missed my original I-485. Could any one suggest me how to get the duplicate copy of it from uscis.
Google for FOIA. Freedom of Information Act
Google for FOIA. Freedom of Information Act
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CADude
07-27 01:16 PM
You are OK per Q25 of USCIS FAQ. Hope this help.
Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.
Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.
more...
clockwork
09-19 07:02 PM
Hi All,
My I-140 got denied on Sept 4th. I have not received denial notice till now. Only 2 more weeks to file MTR/Appeal. How should i proceed now? My attorney still wants to wait for more time.
Thanks and appreciate your help -
My I-140 got denied on Sept 4th. I have not received denial notice till now. Only 2 more weeks to file MTR/Appeal. How should i proceed now? My attorney still wants to wait for more time.
Thanks and appreciate your help -
ronhira
07-02 06:45 AM
Rest all states should pass similiar law............
they should have passed this law when your forefathers illegally arrived to these shores..... then your sorry as$ would not be here today asking for similar law in other states.....
they should have passed this law when your forefathers illegally arrived to these shores..... then your sorry as$ would not be here today asking for similar law in other states.....
more...
venky321
08-16 01:17 PM
The court is saying that since this is a non-binding memo; the court does not need to judge whether or not the USCIS definition of an employer employee relationship is valid or not.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
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ajobha
08-02 11:43 AM
hi guyz,
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
more...
aguada
11-09 11:40 AM
My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
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Blog Feeds
06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgVbscO9HNRGY0LDoKlyFBEgtN6lQ-7qkHmjjUfj-vopMza9TN23NE89vFpRE_iqt9ep4_3K9hqLdP3kdNS5qPWgHHDUi8haDKM-68-sFgWzXvMxcMu3y2JrguiJKeFENgqSlQXXgrKCtEY/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgVbscO9HNRGY0LDoKlyFBEgtN6lQ-7qkHmjjUfj-vopMza9TN23NE89vFpRE_iqt9ep4_3K9hqLdP3kdNS5qPWgHHDUi8haDKM-68-sFgWzXvMxcMu3y2JrguiJKeFENgqSlQXXgrKCtEY/s1600-h/Stethoscope.jpg)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
more...
arnet
12-20 05:52 PM
publish:
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521
...appreciate it
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521
...appreciate it
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mrsr
06-22 10:05 PM
what if I140 has salary in per hourly, what we should we put there.
more...
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bharat2008
08-25 07:22 PM
Is this NEW employer or same employer .
If NEW employer ,then u can apply for new H1B petition but cannot ask for extension of stay .
Extension of stay is for someone who is already in USA on H1B status .
If NEW employer ,then u can apply for new H1B petition but cannot ask for extension of stay .
Extension of stay is for someone who is already in USA on H1B status .
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LostInGCProcess
11-04 11:07 AM
Gurus,
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
I am not sure about contracting positions, but if you were a full-time employee of a company and are laid-off, then you are eligible to claim unemployment benefits, which is true for GC holders, too.
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
I am not sure about contracting positions, but if you were a full-time employee of a company and are laid-off, then you are eligible to claim unemployment benefits, which is true for GC holders, too.
more...
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sidbee
03-11 11:04 AM
Folks,
Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins
Cyrus D. Mehta & Associates, PLLC (http://cyrusmehta.com/news.aspx?SubIdx=ocyrus20103925436)
U think USCIS doesn't know this ??? Creating this thread ,with the given title is just a waste of everyone's time,
Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins
Cyrus D. Mehta & Associates, PLLC (http://cyrusmehta.com/news.aspx?SubIdx=ocyrus20103925436)
U think USCIS doesn't know this ??? Creating this thread ,with the given title is just a waste of everyone's time,
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pinganand
07-07 12:05 PM
Thanks for your response.
As per Indian law, my spouse's father should have also published her name change with the Gazette. That was not done.
Indian Law: how to change my name legally, general administration department, gazette notification (http://en.allexperts.com/q/Indian-Law-1798/change-name-legally.htm)
We are thinking of filing the documents we have while working on getting the additional gazette documents.
As per Indian law, my spouse's father should have also published her name change with the Gazette. That was not done.
Indian Law: how to change my name legally, general administration department, gazette notification (http://en.allexperts.com/q/Indian-Law-1798/change-name-legally.htm)
We are thinking of filing the documents we have while working on getting the additional gazette documents.
more...
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same_old_guy
04-30 07:41 PM
What do you mean by filing ?
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
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h1bjava
03-13 05:11 PM
Thank you hpandey for the clarification. If I apply H1B extension in premium processing in apr itself, I will know soon if it will go through or not. My plan is to apply H1B transfer immediately to a new employer in case of H1B extension denial from the current employer, as I will still have valid H1B for few more months till Sep 09.
One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.
One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.
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ItIsNotFunny
11-06 09:37 AM
what i mean is i am currently working full time with Company A. But I am thinking of making additional income by working for another company on part time basis. Can I file another concurrent H1? And if this concurrent H1 will be based on annual H1 quota?
I heard once that there is a special category for parttime H1. Better check with attorney.
I heard once that there is a special category for parttime H1. Better check with attorney.
jcrajput
09-30 09:51 PM
Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
kirupa
10-12 10:20 PM
Hi Markeh!
No, Expression Blend cannot be used to create content for mobile devices. Blend only creates WPF and Silverlight applications - both of which do not run in a mobile device :)
Cheers!
Kirupa
No, Expression Blend cannot be used to create content for mobile devices. Blend only creates WPF and Silverlight applications - both of which do not run in a mobile device :)
Cheers!
Kirupa