satyasaich
07-21 09:14 AM
When i was in a fortune 5 earlier in my career, Fragomen & Assc were my attorneys as well. Never had such thing in the past nor heard of it. By the way, thousands of people work from home in a company where i was also working from home till yesterday. ( today 7/21 i don't have a job due to EAD processing delays )
it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
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walking_dude
10-19 02:58 PM
Thanks for the clarification.
I would greatly appreciate if any future outages in check collections are posted on the Homepage page at least one or two weeks in advance.
Reason - if member opted for "Bill Pay" (to make payments recurring )Bank deducts the money from the account as soon as the Paper check [from the bank] gets sent . This is done to ensure that the Bank has the cash to pay the check it mailed to payee (IV). If check never gets encashed that money is lost and wasted!
I don't know if this is feasible or not, but if IV can provide a bank Account Number and Routing, "Bill Pay" can be set such that Bank will send the amount Electonically to IV account (as E-check). E-checks get cashed in 2 days compared to Paper checks (sent by the bank) which takes 5 days [per my bank]. It's just a suggestion as I have no ideas on the issues and the logistics involved.
This is only temporary. We will accept the checks after some time and will update the page.
I would greatly appreciate if any future outages in check collections are posted on the Homepage page at least one or two weeks in advance.
Reason - if member opted for "Bill Pay" (to make payments recurring )Bank deducts the money from the account as soon as the Paper check [from the bank] gets sent . This is done to ensure that the Bank has the cash to pay the check it mailed to payee (IV). If check never gets encashed that money is lost and wasted!
I don't know if this is feasible or not, but if IV can provide a bank Account Number and Routing, "Bill Pay" can be set such that Bank will send the amount Electonically to IV account (as E-check). E-checks get cashed in 2 days compared to Paper checks (sent by the bank) which takes 5 days [per my bank]. It's just a suggestion as I have no ideas on the issues and the logistics involved.
This is only temporary. We will accept the checks after some time and will update the page.
Prashanthi
12-03 05:13 PM
I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
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atul555
05-07 01:14 PM
Me and my wife also have LUD on 04/23/2009. And my priority date is Nov 2004
I think based on the information on other threads its usually normal nothing
can be derived of that LUD.
Wow, it seems a theme is developing here. I also had a soft Lud yesterday, and I am in 04 priority date, like so many of you here. It's possible they are looking at the cases pending more than 4-5 years old.
I think based on the information on other threads its usually normal nothing
can be derived of that LUD.
Wow, it seems a theme is developing here. I also had a soft Lud yesterday, and I am in 04 priority date, like so many of you here. It's possible they are looking at the cases pending more than 4-5 years old.
more...
GoneSouth
03-16 08:29 PM
GC: O*NET codes are used by the Department of Labor to classify occupations. The dictionary of O*NET codes can be found here: http://online.onetcenter.org/ You can click on the "Find Occupations" link and us the various search facilities to find the occupation that matches closest to your current and proposed future position.
AJ: sorry, can't help on the priority date question. I think this has been covered in other posts on these boards though.
AJ: sorry, can't help on the priority date question. I think this has been covered in other posts on these boards though.
kondur_007
03-29 09:12 PM
Thanks you very much for the reply.I appreciate.
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).
So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),
Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).
So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),
Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)
more...
smahwal
08-05 12:49 PM
My husband and I are July 2 Neb transfer to TX and we got approval email on 8/1. PD is 2005 Dec.
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jonty_11
07-16 07:09 PM
It would help if you guys provide ur PDs to get an idea what PD folks are getting CP interview calls?
more...
chanduv23
08-10 11:50 AM
Get some inspiration
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and make it to the meeting and rally :)
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and make it to the meeting and rally :)
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rockstart
03-22 09:15 AM
Your post is confusing. Can you please add details. Is her visa (stamping) denied or her I 797 (H4 approval I forget the number its I5XX something) that was not approved? I am assuimg its the later. Any case its always prudent to exit the country immediately in order to maintain status.
more...
mundada
11-08 12:56 PM
Hi everyone,
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
It happened to my parents. They did not know that they had to drop the packet 5 days before the schedule date. While reading on the website, I found out that they need to drop the packet 5 days before. They then dropped the packet at the embassy 3 days before appointment day. On the appointment day, the visa officer rejected the application after asking one question "why you want to go to the USA?". The reason was a standard line -- not enough evidence that you will come back.
I am not sure about the reason of rejection but I think it has to do with not dropping the packet on time.
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
It happened to my parents. They did not know that they had to drop the packet 5 days before the schedule date. While reading on the website, I found out that they need to drop the packet 5 days before. They then dropped the packet at the embassy 3 days before appointment day. On the appointment day, the visa officer rejected the application after asking one question "why you want to go to the USA?". The reason was a standard line -- not enough evidence that you will come back.
I am not sure about the reason of rejection but I think it has to do with not dropping the packet on time.
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garry_kay
06-20 11:52 AM
Finally This Is My Turn To Rejoice. My Lawyer Email Me Saying That She Got Off From Phone From Dol And My Lc Is Approved.
1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?
2)the Online Status Still Shows "in Process"
Gurus, Please Help Me
Congrats!! Do you know when your case was activated from the backlog center - the day when your lawyers got the recruitment activation notice?
1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?
2)the Online Status Still Shows "in Process"
Gurus, Please Help Me
Congrats!! Do you know when your case was activated from the backlog center - the day when your lawyers got the recruitment activation notice?
more...
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Uncertain
04-15 02:34 PM
I am in.
What do I need to do apart from contributions and convincing other friends to vote on the above thread?
What do I need to do apart from contributions and convincing other friends to vote on the above thread?
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jonty_11
03-26 04:53 PM
I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"
I have to disagree...in this case its the Destination!!!
I have to disagree...in this case its the Destination!!!
more...
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bkarnik
09-06 05:01 PM
I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.
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americandesi
12-12 06:27 PM
Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.
I know a friend whose EB2-PD was in 2000. Guess what? He's a US citizen now :)
I know a friend whose EB2-PD was in 2000. Guess what? He's a US citizen now :)
more...
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chanduv23
08-09 08:39 AM
Check this out, get inspired
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Make it to the luncheon as well as the rally
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plassey
08-21 10:38 AM
I am happy for you but...
What the &^%$? I am a JUly 2nd filer but still no action..
This is to inform our community that July 19th filer check - 485, EAD, AP has got encashed. Please delete the thread if you would like to. It is only to aid people in this forum to track the dates.
EB-3 India
Nebraska
July 19th filer- Checks Cashed
no other updates
What the &^%$? I am a JUly 2nd filer but still no action..
This is to inform our community that July 19th filer check - 485, EAD, AP has got encashed. Please delete the thread if you would like to. It is only to aid people in this forum to track the dates.
EB-3 India
Nebraska
July 19th filer- Checks Cashed
no other updates
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manand24
08-03 12:14 PM
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
Wonder what is going on at USCIS? A July 2nd filer with neither receipts nor cashed checks.
Wonder what is going on at USCIS? A July 2nd filer with neither receipts nor cashed checks.
GC9180
10-14 05:08 PM
another suggestion ..check with doctors which visitor's insurance they take
sirinme
07-29 10:29 AM
This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.
Two other issues could be:
2. You need recent salary statements for EAD renewal every year.
Two other issues could be:
2. You need recent salary statements for EAD renewal every year.
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