uslegals
08-20 03:39 PM
A consulting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
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GTGC
03-16 10:36 PM
I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
greyhair
05-19 07:46 AM
Another way to look at this - Someone in Eb-3 China is filing lawsuit to take away green card numbers from India.
I am very interested in reading the contents of this lawsuit because I suspect it argues that less visa numbers are allocated to China which means the lawsuit is saying more visa numbers are allocated to another country, which is most likely India. So the lawsuit is saying stop allocating as much visas to India.
People in this forum are blinded by their bias towards USCIS. Anytime anyone says or does anything against USCIS, this group tends to have a predictable reaction applauding the act. People running immigration businesses are very clever. Some of them have figured this out. That is why specific lawyers send out newsletters which literally belittle everything USCIS. Everyone here go estatic jumping with joy to see this lawyer berate USCIS in newsletters. All that he is doing is pandering to his customer base, even when behind the scene he is actually licking the boots of USCIS.
My take is - it is not a good idea to jump the gun every time USCIS is sued because last time someone said "Hindi-Chini Bhai Bhai", it did not turn out well for Indians.
I am very interested in reading the contents of this lawsuit because I suspect it argues that less visa numbers are allocated to China which means the lawsuit is saying more visa numbers are allocated to another country, which is most likely India. So the lawsuit is saying stop allocating as much visas to India.
People in this forum are blinded by their bias towards USCIS. Anytime anyone says or does anything against USCIS, this group tends to have a predictable reaction applauding the act. People running immigration businesses are very clever. Some of them have figured this out. That is why specific lawyers send out newsletters which literally belittle everything USCIS. Everyone here go estatic jumping with joy to see this lawyer berate USCIS in newsletters. All that he is doing is pandering to his customer base, even when behind the scene he is actually licking the boots of USCIS.
My take is - it is not a good idea to jump the gun every time USCIS is sued because last time someone said "Hindi-Chini Bhai Bhai", it did not turn out well for Indians.
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desi3933
07-09 11:16 AM
What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
more...
vdesai_8
03-18 11:52 AM
If your wife is on H4 she has no income hence she qualifies for free medicaid insurance. provided you fill out the forms the right way.
And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.
You might need to buy insurance for you.
And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.
You might need to buy insurance for you.
EndlessWait
06-29 12:07 PM
what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions
dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..
dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..
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chanduv23
07-05 10:20 PM
Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore
They seem to be a bunch of chaotic confused folks and don't know what they want.
They seem to be a bunch of chaotic confused folks and don't know what they want.
2010 Tree Tattoo Finished
rsrikant
08-24 03:45 PM
saw this in murthy...
looks like the no. of applications are less compared to initial projections. the 300,000 include june, july, aug filers including spouses, kids. also seems the number includes 140 applications, ead, ap.. can't believe if it can be that less including all the above mentioned....
http://murthy.com/news/n_ombsci.html
USCIS Filings Surge in July / August 2007
�MurthyDotCom
The CIS Ombudsman shared with teleconference participants his estimate of the number of filings made prior to the August 17th deadline for the submission of I-485s (Applications for Adjustment of Status), under the July 2007 Visa Bulletin. According to his estimation, this number may be close to 200,000 filings. Recent reports in the news media placed the number at about 300,000 filings, due to the priority dates becoming current for most employment-based applicants. It is assumed that this number includes the I-485 filings made by applicants whose priority dates became current in June and July 2007, as well as those of spouses and minor children. It is also assumed that the EAD and Advance Parole (AP) filings are being included in this number, as well as the many I-140s that were filed as part of concurrent I-140/I-485 filings during this period. There may have been a surge in filings unrelated to the June and July Visa Bulletins, as well, which were filed to avoid the substantially increased filing fees that went into effect on July 30, 2007.
looks like the no. of applications are less compared to initial projections. the 300,000 include june, july, aug filers including spouses, kids. also seems the number includes 140 applications, ead, ap.. can't believe if it can be that less including all the above mentioned....
http://murthy.com/news/n_ombsci.html
USCIS Filings Surge in July / August 2007
�MurthyDotCom
The CIS Ombudsman shared with teleconference participants his estimate of the number of filings made prior to the August 17th deadline for the submission of I-485s (Applications for Adjustment of Status), under the July 2007 Visa Bulletin. According to his estimation, this number may be close to 200,000 filings. Recent reports in the news media placed the number at about 300,000 filings, due to the priority dates becoming current for most employment-based applicants. It is assumed that this number includes the I-485 filings made by applicants whose priority dates became current in June and July 2007, as well as those of spouses and minor children. It is also assumed that the EAD and Advance Parole (AP) filings are being included in this number, as well as the many I-140s that were filed as part of concurrent I-140/I-485 filings during this period. There may have been a surge in filings unrelated to the June and July Visa Bulletins, as well, which were filed to avoid the substantially increased filing fees that went into effect on July 30, 2007.
more...
gcwanter
07-02 10:01 AM
All of a sudden since last week there has been an increase.. in these kind of people who "suddenly" pop up ; make their first time posts challenging IV and its mission.
I think the best treatment they deserve is IGNORANCE. we probably shouldnt even reply to such ridiculous posts of people who are not even aware what the CIR contains for us legals..
please ignore such people..or else these threads keep lingering on top..which they dont deserve
I think the best treatment they deserve is IGNORANCE. we probably shouldnt even reply to such ridiculous posts of people who are not even aware what the CIR contains for us legals..
please ignore such people..or else these threads keep lingering on top..which they dont deserve
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belmontboy
05-20 09:52 AM
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,
i think she fell asleep on keyboard, before she could finish the question :D
i think she fell asleep on keyboard, before she could finish the question :D
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gg_ny
10-20 07:31 AM
You need to file tranfer papers anyway when you move. That means you have new H1B approval, and thus a new stamp is required when you travel out.
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
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ThackeG67
08-08 07:56 PM
Definitely illegal..that must be taken into legal action.
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ItIsNotFunny
01-20 01:49 PM
Beautiful.
I was not able to access website over the weekend and wondering why! Here it is.
Great job. I saw that we still have the great feature and same login defect :)
I was not able to access website over the weekend and wondering why! Here it is.
Great job. I saw that we still have the great feature and same login defect :)
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GCPagla
02-20 01:03 PM
To bring more details to my question:
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
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keaby
06-18 05:36 PM
If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
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invincibleasian
03-02 12:22 PM
Hi All,
I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.
I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.
Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.
I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!
This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.
Only thing though is my wife would need to attend interviews.
Any suggestions/feedback will help me and all other people in this situation.
Thank You,
The 116
Medical institutions will apply for a H1 for her. Dont waste any time. She can start applying ofr residency as soon as she completes her USMLE part 2 and then start preparing for part3 good luck!
I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.
I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.
Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.
I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!
This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.
Only thing though is my wife would need to attend interviews.
Any suggestions/feedback will help me and all other people in this situation.
Thank You,
The 116
Medical institutions will apply for a H1 for her. Dont waste any time. She can start applying ofr residency as soon as she completes her USMLE part 2 and then start preparing for part3 good luck!
more...
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hinvin66
06-02 02:49 AM
Recently, I made my own PP photos using http://www.epassportphoto.com/
This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!
For a family of 4, this equates to savings of ~ $40!!!
The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.
This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!
For a family of 4, this equates to savings of ~ $40!!!
The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.
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mikrupee
05-02 11:58 AM
I am in similar situation.
I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.
I am thinking to change cannot continue hoping for GC and EAD
Take advice from Laywer
I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.
I am thinking to change cannot continue hoping for GC and EAD
Take advice from Laywer
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overseas
08-20 08:54 AM
Hi gcdreamer05,
So did you find out any more information on this? I'm in the same situation like you. In the instructions I clearly see that we have to send our application to Texas service center as we live in MA. But I want to make sure whether this is correct before I send my application. I'm sure it will be painful to wait for a long time later.
So did you find out any more information on this? I'm in the same situation like you. In the instructions I clearly see that we have to send our application to Texas service center as we live in MA. But I want to make sure whether this is correct before I send my application. I'm sure it will be painful to wait for a long time later.
sac-r-ten
04-26 11:18 AM
Sorry for your situation. Its tough for you. Guess you need to move out of country since the basis of extension (labor) is also in jeopardy. As someone said, consult a good lawyer quickly.
Good luck.
Good luck.
Blog Feeds
08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
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