satishku_2000
08-10 03:18 PM
Hi All,
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
Depends on what kind of company you work for and what kind of proferred wage your GC application has and what kind of money you been making on w2s since your labor process has started. Again it all depends on whether you receive an RFE or not but if you work for a company that is H1B dependent and has multiple 140 petitions pending and your application is filed with NSC , I think you should be prepared for an RFE on your companies ability to pay.
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
Depends on what kind of company you work for and what kind of proferred wage your GC application has and what kind of money you been making on w2s since your labor process has started. Again it all depends on whether you receive an RFE or not but if you work for a company that is H1B dependent and has multiple 140 petitions pending and your application is filed with NSC , I think you should be prepared for an RFE on your companies ability to pay.
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sanju
11-27 11:36 PM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
PDOCT05
10-29 11:00 PM
^^^^^^bump^^^^^
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Adam
08-19 11:01 PM
I agree about the mouth thing...It's hard to not make it look like a stupid smirk or snowman nose :lol:
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cdeneo
12-29 01:21 AM
I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.
I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.
I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.
kaarmaa
10-12 05:09 PM
I saw this article about eliminating the diversity visa program and using those numbers for EB categories.
Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)
Will this do us any good?
Thanks
Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)
Will this do us any good?
Thanks
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sgorla
05-07 07:47 PM
DOn't be panic, but I would suggest you not to go to Canada/Mexico for stamping. I heard through my friends that there is always a risk to deny visa stamping from Canada/Mexico, and the consular officer might ask you to apply your visa in your home country.
I lost my passport, which had F1 Visa, and chose to go back home and apply for H1B visa. Consular officer at Chennai Consulate asked copy of student visa and police report stating that my passport was lost/stolen.
Hi
To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.
We have police report for the lost passport.
I already checked Indian embessy's website, they have instructions for duplicate passport.
My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?
plz help..
regards,
I lost my passport, which had F1 Visa, and chose to go back home and apply for H1B visa. Consular officer at Chennai Consulate asked copy of student visa and police report stating that my passport was lost/stolen.
Hi
To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.
We have police report for the lost passport.
I already checked Indian embessy's website, they have instructions for duplicate passport.
My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?
plz help..
regards,
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Madhuri
06-15 12:16 AM
I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?
I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.
I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.
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addsf345
11-24 02:13 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
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me_myself
12-16 10:57 AM
why do you say it will become void? I am going to work for the same employer who got my H1.
Thanks.
Thanks.
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Anil_s
06-29 08:40 PM
Hi Ari,
Thank you for the information.
I generally hold business discussions with the client whenever needed,thats only my job.
Anyways I understand your point.
Anil
Thank you for the information.
I generally hold business discussions with the client whenever needed,thats only my job.
Anyways I understand your point.
Anil
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mita
09-30 06:13 PM
FIFO must be based on PD and not on I-485 application receive date, I hope you meant the same.
there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...
there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...
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pointlesswait
09-26 12:42 PM
i dont think changing lawyers will prevnt USCIS from auditing/reviewing your case... but will your lawyer release all the required documents to your new lawyer.???
anyway best of luck!
I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
anyway best of luck!
I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
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wandmaker
10-26 11:00 AM
Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
more...
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reddy77
08-17 09:01 AM
saimrathi, I am in the same boat too, got the 693 supplement form last week from DR's office, but we filed 485 application in july 2nd week.this is not our mistake. do we need to worry about this ?
I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.
I called the doctor�s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn�t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn�t get rejected due to this; no checks cashed as of today.
My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.
Anyone else in the same boat? Is this something to worry about? See signature for more info...
I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.
I called the doctor�s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn�t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn�t get rejected due to this; no checks cashed as of today.
My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.
Anyone else in the same boat? Is this something to worry about? See signature for more info...
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gparr
October 6th, 2005, 11:13 AM
Agree with Anders on shooting small birds. The limited success I've had has only come when I've regularly gone to a location and stood still/sat still so they get used to me. At a bird feeding station in a local preserve, I go during my lunch hour in the winter. I find that I have to stand in one location with camera/tripod set up. When I first arrive the birds all disappear. It takes about 30 min. at this location before they start making their way back to the feeder. I can watch them as they move from tree to tree, progressively closer to the feeder. After 30 min. or so, they'll start feeding and landing in close-by bushes and I can start shooting. Of course, by then, my hands and feet are frozen. The price you pay. Like Anders, I also have more success and shorter sessions if I'm able to visit the same place frequently. If I just had Anders' skills I'd probably have some good shots to show for the effort. This cardinal shot is one lucky result from a frozen-limb effort.
Gary
http://www.dphoto.us/forumphotos/data/1122/cardinal1.jpg
Gary
http://www.dphoto.us/forumphotos/data/1122/cardinal1.jpg
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Suva
05-18 02:01 PM
I am older and have 2 kids and I am also considering the same.
+1
Though I am older and married, I am considering the same
+1
Though I am older and married, I am considering the same
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wenkatesh
04-20 09:45 PM
Hi,
Application sent on 7-Apr-10
Receipt date- 8-Apr-10
Status as of yesterday- Initial Review
When I checked status today, it had changed to Acceptance and the receipt date changed to 16-Apr
I am terribly confused and anxious. What is happening?
Application sent on 7-Apr-10
Receipt date- 8-Apr-10
Status as of yesterday- Initial Review
When I checked status today, it had changed to Acceptance and the receipt date changed to 16-Apr
I am terribly confused and anxious. What is happening?
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Desiguy786
04-02 08:55 PM
First of all, whats' the situation?
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
rsdang
08-29 11:46 AM
You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.
Guys,
I had applied for my original H1 in London, First extension in Vienna Austria, and the last one in Delhi... and when i went to Delhi Embassy site - Since I was an H1-b holder already working in USA I had the option to apply at any consular office in India... I chose Delhi and will do it again in Dec at Delhi...
In short - unless is consular processing you can choose any consulate/embassy you want provided you have a reason to be there in that country... I think Mexico and Canada are exceptions to that rule as well...
Hope this helps
Guys,
I had applied for my original H1 in London, First extension in Vienna Austria, and the last one in Delhi... and when i went to Delhi Embassy site - Since I was an H1-b holder already working in USA I had the option to apply at any consular office in India... I chose Delhi and will do it again in Dec at Delhi...
In short - unless is consular processing you can choose any consulate/embassy you want provided you have a reason to be there in that country... I think Mexico and Canada are exceptions to that rule as well...
Hope this helps
kanshul
08-19 09:46 AM
Try another local offcie by entering another zip code.
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