gandalf1234
02-10 03:58 PM
Sharma ji -
I heard 6 mths but there is no written rule .
Please do not hijack my thread .....
This thread is about H1-Extension pending after 485 approval
I heard 6 mths but there is no written rule .
Please do not hijack my thread .....
This thread is about H1-Extension pending after 485 approval
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admin
03-28 10:22 AM
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
asdfgh
11-28 12:02 AM
I had LUD on I-140 on 11/25 as well. 140 was approved late last year.
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mirage
07-05 12:40 PM
It is even better. Atleast we'll get the media attn..
more...
LostInGCProcess
08-18 07:36 PM
I thank you all for your encouraging and kind response.
The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.
Thanks again for all your advice.
Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.
The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.
Thanks again for all your advice.
Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.
sabbygirl99
07-07 08:57 AM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
more...
SGP
11-27 04:56 PM
I can't agree less with snathan
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martinvisalaw
07-17 11:26 AM
Hi,
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
more...
rajczar
07-29 05:59 PM
Hi there, First of all thanks for all active participants you are doing a great service.
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn�t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn�t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
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vijay0101
03-03 06:48 PM
Talk to employer and tell him to your wages immediately. You shouldn't care about client or any one else. If you left the company then he should pay you withing 15 days. If he says he will pay after two months 3 months then he will just changed his address and you wont be able to track him down.
So talk to him and tell him if you dont receive a check in 1 week you will file a complaint in DOL wages and service division and also file a lawsuit in court too.
Its is just my openiopn
Thanks
So talk to him and tell him if you dont receive a check in 1 week you will file a complaint in DOL wages and service division and also file a lawsuit in court too.
Its is just my openiopn
Thanks
more...
lazycis
01-30 12:14 PM
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.
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seekerofpeace
09-04 02:23 PM
Guys,
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
more...
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dpp
06-04 02:10 PM
but in this case the H1b stamp on my passport is still valid and not expired.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
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go_guy123
07-09 09:00 AM
Guys, see below link... It is pretty bad ... Job posting to hire someone for pre-approvd labor.... All posts within last 2 weeks by 10 companies..... May be we need to email DOL and also other govt. organizations ....
http://seeker.dice.com/jobsearch/servlet/JobSearch?LOCATION_OPTION=2&N=0&Hf=0&Ntk=JobSearchRanking&op=300&values=&FREE_TEXT=pre-approved+labor&Ntx=mode+matchall&AREA_CODES=&AC_COUNTRY=1525&WHERE=&RADIUS=64.37376&ZC_COUNTRY=1525&COUNTRY=1525&STAT_PROV=0&METRO_AREA=33.78715899%2C-84.39164034&TRAVEL=0&TAXTERM=0&SORTSPEC=0&FRMT=0&DAYSBACK=30&NUM_PER_PAGE=30&x=0&y=0
Wish they have stopped Labor Substitution much earlier... Have to wait till mid July now..
Few more days to go now. In fact its already over. No More time to prepare
I140 application and send by July 16th.
Yes they should have stopped long back with perm introduction as it was no longer needed after perm.
http://seeker.dice.com/jobsearch/servlet/JobSearch?LOCATION_OPTION=2&N=0&Hf=0&Ntk=JobSearchRanking&op=300&values=&FREE_TEXT=pre-approved+labor&Ntx=mode+matchall&AREA_CODES=&AC_COUNTRY=1525&WHERE=&RADIUS=64.37376&ZC_COUNTRY=1525&COUNTRY=1525&STAT_PROV=0&METRO_AREA=33.78715899%2C-84.39164034&TRAVEL=0&TAXTERM=0&SORTSPEC=0&FRMT=0&DAYSBACK=30&NUM_PER_PAGE=30&x=0&y=0
Wish they have stopped Labor Substitution much earlier... Have to wait till mid July now..
Few more days to go now. In fact its already over. No More time to prepare
I140 application and send by July 16th.
Yes they should have stopped long back with perm introduction as it was no longer needed after perm.
more...
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amitpan007
06-21 10:15 AM
I did it few years (i think 4-5yrs) ago at CGI - SFO and it took about 4 weeks.
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Administrator2
12-09 11:06 AM
Because Republicans are blocking every bill in the Senate until the issues of Tax cuts is resolved, Sen. Reid needed to postpone the cloture vote on Dream Act to buy time to get more support. Senate Majority leader needed “Unanimous Consent” to withdraw his cloture motion and push back the vote. He did not get it, forcing him to offer a motion to table the cloture vote.
Tabling the cloture vote will allow Sen. Majority leader to bring the DREAM Act up again when the other issues have been resolved, and when there are 60 votes. We expect that Dream Act will surely come up for vote again before the end of 111th Congress.
Tabling the cloture vote will allow Sen. Majority leader to bring the DREAM Act up again when the other issues have been resolved, and when there are 60 votes. We expect that Dream Act will surely come up for vote again before the end of 111th Congress.
more...
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another_wei
05-01 02:07 PM
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
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chitra
02-26 12:38 PM
I had a 10 year multiple entry B1/B2 visa which was to expire in 2013. I got married a couple of months ago, and since my husband is on a H1B, I got a H4 visa for the next 1.5 years. My passport with the B1/B2 visa DOES NOT have CWOP (Canceled without prejudice) written on it. My question is- has my B1/B2 visa been canceled? Or is it still valid? Can I hold 2 visas for entry into the US at the same time. If it has not been canceled, can I still use it for entry into the US once I lose my H4 status? Thank you for your time.
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summitpointe
04-27 02:24 PM
Six years in US complete
I-140 approved
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of money spent on H1B Extension and stamping
Sick with the current employer
Don't want my employer to take lot of money in between. Can we switch employer and file a new H1B with new employer.
Do you guys think the retrogression will end soon? frustration everyday.
I-140 approved
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of money spent on H1B Extension and stamping
Sick with the current employer
Don't want my employer to take lot of money in between. Can we switch employer and file a new H1B with new employer.
Do you guys think the retrogression will end soon? frustration everyday.
gimme_GC2006
07-31 06:15 PM
thank you..I hope everything goes well. Hopefully will get greened this time :)
andycool
12-28 10:10 AM
Hi all...thanks for taking the time to help me out...URGENTLY need advice based on your knowledge or experience...
I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.
My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and
(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?
PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.
Any information in the next 12-24 hours would be greatly appreciated.
Thanks all, Vick
Bookmark and Share
Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94
Thanks
I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.
My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and
(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?
PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.
Any information in the next 12-24 hours would be greatly appreciated.
Thanks all, Vick
Bookmark and Share
Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94
Thanks
