kishdam
03-20 12:39 PM
And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.
I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves? Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how?
Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.
I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves? Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how?
Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.
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qwert_47
09-26 01:17 AM
Thanks for the advices/suggestions.
The reason my h1b was denied because the consultant showed that I would be working for him instead of working for client. I suspect he didn't respond well for the RFE earlier in the case.
Is it possible to submit a motion for reconsideration by a new employer(when I find one in the next month or so)? To make things worse, I am having a hard time concentrating on possible upcoming interview because of my h1b visa denial. Pls tell me what options do I have if I am made an offer by a private(profit) employer. BTW my master is in comp. engg and I completed my masters in Dec 06.
Its really disheartening to wait one more year to start work along with my increasing debts. Its bad being job-searching-graduated-student in USA with this situation.
TIA
The reason my h1b was denied because the consultant showed that I would be working for him instead of working for client. I suspect he didn't respond well for the RFE earlier in the case.
Is it possible to submit a motion for reconsideration by a new employer(when I find one in the next month or so)? To make things worse, I am having a hard time concentrating on possible upcoming interview because of my h1b visa denial. Pls tell me what options do I have if I am made an offer by a private(profit) employer. BTW my master is in comp. engg and I completed my masters in Dec 06.
Its really disheartening to wait one more year to start work along with my increasing debts. Its bad being job-searching-graduated-student in USA with this situation.
TIA
gbof
09-30 04:08 PM
I liked the tone and tenor of aila. What surprises me the most is there is NO work audit at uscis and they feel all powerful to scare/ trouble at their whim...
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgLl9b1ExHlTWc4wVtbC73itmPayPuXoBzfP0Ixn8OhkU-AO8P-JK7YodNc7rg-AYGtzUXi2XAjOsNcQ-W_mfkfdd-kkaXqD_TZ2GhPp9t4WG6A1eS04Yt3AnnQYGY_kH7DMzVK8pGlBSU/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgLl9b1ExHlTWc4wVtbC73itmPayPuXoBzfP0Ixn8OhkU-AO8P-JK7YodNc7rg-AYGtzUXi2XAjOsNcQ-W_mfkfdd-kkaXqD_TZ2GhPp9t4WG6A1eS04Yt3AnnQYGY_kH7DMzVK8pGlBSU/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgLl9b1ExHlTWc4wVtbC73itmPayPuXoBzfP0Ixn8OhkU-AO8P-JK7YodNc7rg-AYGtzUXi2XAjOsNcQ-W_mfkfdd-kkaXqD_TZ2GhPp9t4WG6A1eS04Yt3AnnQYGY_kH7DMzVK8pGlBSU/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgLl9b1ExHlTWc4wVtbC73itmPayPuXoBzfP0Ixn8OhkU-AO8P-JK7YodNc7rg-AYGtzUXi2XAjOsNcQ-W_mfkfdd-kkaXqD_TZ2GhPp9t4WG6A1eS04Yt3AnnQYGY_kH7DMzVK8pGlBSU/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
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sledge_hammer
05-14 09:29 PM
^^^^
more...
Karthikthiru
07-19 02:27 AM
My attorney did not ask for Tax Returns for AOS. Our company uses Berry, Appleman & Leiden LLP - www.usabal.com
Thanks
Karthik
Thanks
Karthik
styrum
11-10 04:44 PM
Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.
Thanks for all the inputs
Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?
Thanks for all the inputs
Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?
more...
Green.Tech
09-16 04:28 PM
Whatever problems you have today :- RFE, NOID, TAXES.. You have 4 weeks to 12 weeks time.
For the most important task today, you have barely a few hours left. So leave everything else for tomorrow and it would not be too late.
If you don't call today it would be too late.
...it would be "years and years" late if we don't call today!
For the most important task today, you have barely a few hours left. So leave everything else for tomorrow and it would not be too late.
If you don't call today it would be too late.
...it would be "years and years" late if we don't call today!
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GCwaitforever
12-04 05:57 PM
you should in fact thank the system for letting you to continue on H1 ..
That is somewhat slavish mentality. For a different perspective ... In the words of Curt Flood, "A well-paid slave is nonetheless a slave".
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/10/AR2006081001366.html
That is somewhat slavish mentality. For a different perspective ... In the words of Curt Flood, "A well-paid slave is nonetheless a slave".
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/10/AR2006081001366.html
more...
amitjoey
07-13 07:57 PM
Great Job! amitjoey...
added to your reputation..
Thanks tikka
added to your reputation..
Thanks tikka
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amsgc
04-04 02:10 PM
Signin,
You need to give more information about what whether your wife was able to file I-485 for your wife. If you are from a retrogressed country, then your wife was probably not able to file to adjust status. In that case, she is can change from H4 to F1. After the approval, her status is not dependent on yours, and you can start using EAD.
I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.
Is there any risk involved here and if so, please let me know
Thanks in Advance
You need to give more information about what whether your wife was able to file I-485 for your wife. If you are from a retrogressed country, then your wife was probably not able to file to adjust status. In that case, she is can change from H4 to F1. After the approval, her status is not dependent on yours, and you can start using EAD.
I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.
Is there any risk involved here and if so, please let me know
Thanks in Advance
more...
brick2006
04-21 03:44 PM
well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..
If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..
Hey don't get too hasty here.
You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.
Here are my answers:
BTW are you from IT BHU?
If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..
Hey don't get too hasty here.
You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.
Here are my answers:
BTW are you from IT BHU?
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gvenkat
02-26 01:07 PM
- My 485 is filed more than 6 months ago
- My is 140 not approved yet
- I get laid off
- My employer doesn't revoke my 140
- I'm already in the 8th year of my H
So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.
Is it logical or should I go take a nap? :p
Maverick_2008
please go take a nap.. 140 approval is key when u have long waits... :eek:
- My is 140 not approved yet
- I get laid off
- My employer doesn't revoke my 140
- I'm already in the 8th year of my H
So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.
Is it logical or should I go take a nap? :p
Maverick_2008
please go take a nap.. 140 approval is key when u have long waits... :eek:
more...
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vicks_don
11-15 12:30 PM
1. I hold an Indian passport
2. My H-1B stamp expired and so is my I-94
3. I have a valid I-797 till 2008.
4. I have a Canadian PR and yet to land.
I tried nvars.com and found none in Nov and Decemeber
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
2. My H-1B stamp expired and so is my I-94
3. I have a valid I-797 till 2008.
4. I have a Canadian PR and yet to land.
I tried nvars.com and found none in Nov and Decemeber
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
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anurakt
01-20 09:29 AM
Please join the orkut immigrationvoice group. This would be another way of reaching each other when time comes.
Also I request if you are member/owner of communities then please send message to your groups about www.immigrationvoice.org.... It can be a small message but very effective to reach wide audience.
Also I request if you are member/owner of communities then please send message to your groups about www.immigrationvoice.org.... It can be a small message but very effective to reach wide audience.
more...
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permfiling
12-10 01:03 AM
My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
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Libra
10-12 09:06 AM
I think that is standard message, my I-140 RD is sep 20th 2006 and got RFE on ability to pay last month and my employer responded on 10/04 and the online status changed to RFE response received and case processing resumed. its been more than a week no update.
Strange...my 140 was filed on Nov 2006....and then got a REF on August 29th 2007, my pawyer responsed last week...and I thought that as soon as USCIS gets the evidence they will hopefully approve my case....(the evidence was a minor (atleast I thought it was minor) issue about birth date...
and now USCIS has revieved the evidence they asked for...guess what they say...
On October 10, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
60 more days...come on....
Strange...my 140 was filed on Nov 2006....and then got a REF on August 29th 2007, my pawyer responsed last week...and I thought that as soon as USCIS gets the evidence they will hopefully approve my case....(the evidence was a minor (atleast I thought it was minor) issue about birth date...
and now USCIS has revieved the evidence they asked for...guess what they say...
On October 10, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
60 more days...come on....
more...
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gccovet
05-08 03:47 PM
Thank you senk1s & gccovet. Have added some Green's to both of you !
Good luck, I am in the same boat as you are. Hence was reading more on this topic.
Regards,
Good luck, I am in the same boat as you are. Hence was reading more on this topic.
Regards,
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marlon2006
06-14 10:52 AM
Hi RC, that's just a nickname.
My PD is April 2002. At Nebraska Service Center, I was able to file the I-485 on Feb 2005 and from there we've got our EAD.
Yes, I know what you are saying about the one income, three people. There are many things to consider. We prefer that my wife invests more time parenting my child, therefore she is working only part-time. Part-time jobs typically are low income. It is hard to put your 1-3 year old child in a daycare full-time, you know. It is not the same than when you take care of your child, at least in my opinion.
If you ever come to Seattle, just send me a private message and we can organize something here.
Hi Marlon,
BTW, did you change your username??
We are in New York but if we ever come to Seattle we would love to meet you guys. How did you manage to get EAD for your wife? Is it possible on H4 before I-485 is filed and pending?
We would love to have a baby next year and hope that my hubby will be able to work by then...otherwise it is one income and three of us :(
My PD is April 2002. At Nebraska Service Center, I was able to file the I-485 on Feb 2005 and from there we've got our EAD.
Yes, I know what you are saying about the one income, three people. There are many things to consider. We prefer that my wife invests more time parenting my child, therefore she is working only part-time. Part-time jobs typically are low income. It is hard to put your 1-3 year old child in a daycare full-time, you know. It is not the same than when you take care of your child, at least in my opinion.
If you ever come to Seattle, just send me a private message and we can organize something here.
Hi Marlon,
BTW, did you change your username??
We are in New York but if we ever come to Seattle we would love to meet you guys. How did you manage to get EAD for your wife? Is it possible on H4 before I-485 is filed and pending?
We would love to have a baby next year and hope that my hubby will be able to work by then...otherwise it is one income and three of us :(
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rajeevkaza
10-30 09:33 PM
Hi,
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
zoooom
03-17 01:40 PM
As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.
mnq1979
12-11 01:19 PM
I have recently completed my MBA(Finance) through online university and tell u guys wat its really nice and tough. so go for it
its devry university with the mba school name KELLER GRADUATE SCHOOL OF MANAGEMENT...make a serach on yahoo n u will get it
its devry university with the mba school name KELLER GRADUATE SCHOOL OF MANAGEMENT...make a serach on yahoo n u will get it
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