sandeepk_c
05-27 03:23 PM
Hello,
Please let me know how we are planning to send the case numbers and who is collecting the case numbers?
Rgds
Sandy
Please let me know how we are planning to send the case numbers and who is collecting the case numbers?
Rgds
Sandy
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kanyewest
04-19 12:09 PM
I was on H1B until Feb 2009 and I applied for COS to H4 in Feb 2009. USCIS has received my COS application, and it is still pending with USCIS for 2 months now.
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
WaitingForMyGC
01-11 11:32 AM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
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Googler
07-18 08:31 PM
Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.
more...
maverick_joe
05-06 09:22 AM
and secondly there is no i-140 premium processing as of now..:(
eldrick
07-31 05:27 PM
Do you think it would be better if I would file another I-485 on my own? Sorry guys, I'm a little bit confused and worried right now. Thanks for your patience and help.
more...
InTheMoment
08-02 11:00 PM
Tina,
...and where did you hear this untrue fact that with an Indian PP and US GC you can travel without a visa to "any country"!!
You have an Indian PP that is the main decisive factor whether you are eligible for visa free/visa on arrival travel for 99% of the countries. (Canada, Mexico and some carribean islands being the ONLY exception. Switzerland had visa free travel till late last year when they changed to Schengen so now you need a visa there too!).
For almost all countries your country of citizenship matters, your GC status has NO bearing.
Got it ?
...and where did you hear this untrue fact that with an Indian PP and US GC you can travel without a visa to "any country"!!
You have an Indian PP that is the main decisive factor whether you are eligible for visa free/visa on arrival travel for 99% of the countries. (Canada, Mexico and some carribean islands being the ONLY exception. Switzerland had visa free travel till late last year when they changed to Schengen so now you need a visa there too!).
For almost all countries your country of citizenship matters, your GC status has NO bearing.
Got it ?
2010 de amor
Singer
10-22 01:12 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
more...
chintsus
08-15 02:05 AM
My H1B visa expires on Sep 22nd of this year. I am going to file for an extension but the only concern i have is my passport expires in July 2010. Does the passport expiry date matter for the H1B extension process..i know that the visa procedure requires a passport valid for at least 6 months.
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Help_Us
05-21 06:37 PM
Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
more...
Dhundhun
06-22 02:22 PM
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
Unexpired I-94?
The status of I-485 pending (at least (c)(09)() class, I know) is not controlled by I-94.
If (s)he is on H1B/H4 she needs to have unexpired I-94. If I-485 pending then I-94 is not significant.
However, I suggested to get in touch with USCIS office.
For more understanding of I-94, in case of students it is stamped valid until I20 is valid. Students don't have I-94 expiry date. In similar way I-485 pending person remains in parolee status (parolee has six meanings in USA for immigration purpose including I485 pending), if other status is not there. I-94 does not control status of each and every case.
Unexpired I-94?
The status of I-485 pending (at least (c)(09)() class, I know) is not controlled by I-94.
If (s)he is on H1B/H4 she needs to have unexpired I-94. If I-485 pending then I-94 is not significant.
However, I suggested to get in touch with USCIS office.
For more understanding of I-94, in case of students it is stamped valid until I20 is valid. Students don't have I-94 expiry date. In similar way I-485 pending person remains in parolee status (parolee has six meanings in USA for immigration purpose including I485 pending), if other status is not there. I-94 does not control status of each and every case.
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misanthrope
05-10 06:07 PM
What the heck do you mean by "we" are expecting?
Who's "We".
Just stop spreading random rumors. If u have anything credible to say then say so. Otherwise stop.
I think its a royal we.
Who's "We".
Just stop spreading random rumors. If u have anything credible to say then say so. Otherwise stop.
I think its a royal we.
more...
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txh1b
08-25 03:32 PM
Depends on what you mean by porting. Do you already have an approved 140 in EB2 or are you going to start from scratch by having the company file for a labor?
If it is the latter, the company as per the law must pay for the labor filing, advertising costs. Anything after that, there is no problem for you to be paying for the GC.
If it is the latter, the company as per the law must pay for the labor filing, advertising costs. Anything after that, there is no problem for you to be paying for the GC.
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andy garcia
09-27 02:07 PM
"Flight Capital: The Alarming Exodus of America's Best And Brightest" by David Heenan describes how many other countries are working to become world leaders in technology. Because of new opportunities in their native countries, fewer ultra-high-talent foreign students are seeking higher education in America.
What isn't well understood by most Americans is just how dependent America is upon imported, foreign talent.
Heenan writes: "Today, the country continues to benefit enormously from being a magnet for inventive and ambitious people who stimulate the economy, create wealth, and improve overall living standards. Chinese and Indian immigrants run nearly a quarter of Silicon Valley's high-tech firms. Half of the Americans who shared Nobel Prizes in physics and chemistry in the past seven years were born elsewhere. Nearly 40 percent of MIT graduate students are from abroad. More than half of all Ph.D.s working here are foreign-born, as are 45 percent of physicists, computer scientists, and mathematicians. One-third of all current physics teachers and one-fourth of all women doctors immigrated to this country."
Many talented students come to America, because America has the best graduate schools in the world. That strength gives America a brain influx from other countries. But, other countries are catching up. We learn the Indian Institutes of Technology are more difficult to get into than MIT or Harvard.
This guy needs to talk to Lou Dobbs:D
---
What isn't well understood by most Americans is just how dependent America is upon imported, foreign talent.
Heenan writes: "Today, the country continues to benefit enormously from being a magnet for inventive and ambitious people who stimulate the economy, create wealth, and improve overall living standards. Chinese and Indian immigrants run nearly a quarter of Silicon Valley's high-tech firms. Half of the Americans who shared Nobel Prizes in physics and chemistry in the past seven years were born elsewhere. Nearly 40 percent of MIT graduate students are from abroad. More than half of all Ph.D.s working here are foreign-born, as are 45 percent of physicists, computer scientists, and mathematicians. One-third of all current physics teachers and one-fourth of all women doctors immigrated to this country."
Many talented students come to America, because America has the best graduate schools in the world. That strength gives America a brain influx from other countries. But, other countries are catching up. We learn the Indian Institutes of Technology are more difficult to get into than MIT or Harvard.
This guy needs to talk to Lou Dobbs:D
---
more...
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saileshdude
08-10 03:58 PM
I thought I will start any 2006 pending cases who are current for Aug bulletin and possibly sept bulletin (i.e if dates remain current for 2006 PDs)
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EkAurAaya
04-13 09:14 AM
Not sure if this information is already shared... but its good for people who prefer written communication then oral
Senate -
http://www.senate.gov/general/contact_information/senators_cfm.cfm
House of Rep -
http://www.house.gov/writerep/
Senate -
http://www.senate.gov/general/contact_information/senators_cfm.cfm
House of Rep -
http://www.house.gov/writerep/
more...
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mnkaushik
03-12 08:01 AM
As far as I know, one is only required to file taxes on foreign accounts if they have $10000 or more in their accounts at any time during the financial year. Please correct me if I am wrong. Also, check: Report of Foreign Bank and Financial Accounts (FBAR) (http://www.irs.gov/businesses/small/article/0,,id=148849,00.html)
One is supposed report tax even if they make a dollar but they dont need to fill out the FBAR form if the value of all accounts put together is less than 10K.
Even i started including it my tax last year and did my FBAR form. NRE account will not be TDS only NRO accounts have TDS. Infact, you dont have to pay IT in India for NRE accounts. Thats the reason people from Middle East put their money in NRE accounts.
For 200$ they will not come after you. It is small pickings. I think you should include while filing your taxes and depending upon how much you have in the accounts you may or may not file FBAR. Remember it is all your accounts that inlcudes any savings account, mutual fund accounts, post office etc. If you have paid any tax in India then you could potentially show that in your US tax and get credit for that. I personally have not done it because my income is less than the initial tax slab in india.
One is supposed report tax even if they make a dollar but they dont need to fill out the FBAR form if the value of all accounts put together is less than 10K.
Even i started including it my tax last year and did my FBAR form. NRE account will not be TDS only NRO accounts have TDS. Infact, you dont have to pay IT in India for NRE accounts. Thats the reason people from Middle East put their money in NRE accounts.
For 200$ they will not come after you. It is small pickings. I think you should include while filing your taxes and depending upon how much you have in the accounts you may or may not file FBAR. Remember it is all your accounts that inlcudes any savings account, mutual fund accounts, post office etc. If you have paid any tax in India then you could potentially show that in your US tax and get credit for that. I personally have not done it because my income is less than the initial tax slab in india.
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akhilmahajan
09-14 03:56 PM
Hi All,
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
Any idea what we are trying to achieve here?
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
Any idea what we are trying to achieve here?
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
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kanyewest
04-22 10:16 AM
Thank you for your comments.
For the period, I was on valid H1, employed, and not paid by my employer - I have a WH4 complaint registered and an acknowledgement from DOL that they have received the complaint.
I understand that this situation requires premium processing of H1. In case the COS is denied, which as pointed out is more likely, I understand that I will need to travel abroad to obtain a new I-94 with the new H1 approval.
1. If the COS is denied, can I use the unexpired H1B visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H1 approval notice.
2. Is it wise and practical to make the new employer aware of my DOL complaint against previous employer during the H1 transfer process? Unless it is needed, I would prefer not disclosing that information to the new employer.
Thank you again for your time and recommendations.
For the period, I was on valid H1, employed, and not paid by my employer - I have a WH4 complaint registered and an acknowledgement from DOL that they have received the complaint.
I understand that this situation requires premium processing of H1. In case the COS is denied, which as pointed out is more likely, I understand that I will need to travel abroad to obtain a new I-94 with the new H1 approval.
1. If the COS is denied, can I use the unexpired H1B visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H1 approval notice.
2. Is it wise and practical to make the new employer aware of my DOL complaint against previous employer during the H1 transfer process? Unless it is needed, I would prefer not disclosing that information to the new employer.
Thank you again for your time and recommendations.
sudiptasarkar
07-29 05:23 PM
Hi,
I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.
Thanks
I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.
Thanks
Asfandyar
08-20 07:59 PM
The Respective SKIL Bills are currently infront of the House and Senate Judiciary Comittees. Please contact the members:
House Judiciary Commitee(for SKIL Act [H.R.5744.IH])
http://judiciary.house.gov/CommitteeMembership.aspx
Senate Judiciary Commitee(for SKIL Act [S.2691.IS])
http://judiciary.senate.gov/members.cfm
House Judiciary Commitee(for SKIL Act [H.R.5744.IH])
http://judiciary.house.gov/CommitteeMembership.aspx
Senate Judiciary Commitee(for SKIL Act [S.2691.IS])
http://judiciary.senate.gov/members.cfm
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