mnq1979
05-14 08:13 PM
I have couple of questions and would like GURUS to reply:
1) Can any one tell me that what triggers the Employment RFE. Like in what instances the USCIS sends the RFE for employment verfication.
2) I am not working for the employer who sponsered me for the green card, but i can always get the letter from him stating that the position for which he sponsered me is still available.
If i get the employment RFE will it be OK to send the letter from the employer who sponsored me or do i have to get the letter from my current employer.
Please shed some light on it. !!!!
1) Can any one tell me that what triggers the Employment RFE. Like in what instances the USCIS sends the RFE for employment verfication.
2) I am not working for the employer who sponsered me for the green card, but i can always get the letter from him stating that the position for which he sponsered me is still available.
If i get the employment RFE will it be OK to send the letter from the employer who sponsored me or do i have to get the letter from my current employer.
Please shed some light on it. !!!!
unseenguy
06-09 12:53 PM
When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
I entered on H1 visa this year. Me and my wife both arrived at the airport, I told the officer, my wife has AP and I have H1 visa. To which he said, where is your AP. I said, I have it but I prefer to use H1. Is it possible? He said thats fine. Your choice.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
I entered on H1 visa this year. Me and my wife both arrived at the airport, I told the officer, my wife has AP and I have H1 visa. To which he said, where is your AP. I said, I have it but I prefer to use H1. Is it possible? He said thats fine. Your choice.
nraja
03-09 04:26 PM
My 2 cents.
If you employer accepts or lawyer accepts the porting the date then your friend can apply the EB2 priority date to EB3 date.
Means he/she can get EB2 with 2002. As per my knowledge it is possible. But please dont ask me the document. Check with google or some website for document.
Thanks.
If you employer accepts or lawyer accepts the porting the date then your friend can apply the EB2 priority date to EB3 date.
Means he/she can get EB2 with 2002. As per my knowledge it is possible. But please dont ask me the document. Check with google or some website for document.
Thanks.
pappu
12-15 03:17 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
:)
whats your lawfirm's name..
Your lawyer explains retrogression problems so nicely to his clients ,that clients feel previleged to be from retrogressed countries... and the long wait times is no big deal. Anyways lawyers will make money from periodic H1B extensions and GC fees
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
:)
whats your lawfirm's name..
Your lawyer explains retrogression problems so nicely to his clients ,that clients feel previleged to be from retrogressed countries... and the long wait times is no big deal. Anyways lawyers will make money from periodic H1B extensions and GC fees
more...
satishku_2000
08-01 01:53 PM
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
sam_hoosier
03-11 04:50 PM
I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
LOL......:D:D
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
LOL......:D:D
more...
sam_hoosier
12-11 02:50 PM
guys,
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.
You should consult a lawyer.
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.
You should consult a lawyer.
ItIsNotFunny
10-27 03:52 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.
I Wish God Give me Strength to Fight Legal Immigration Injustice.
When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad
So, I know god is with me.
Wish all so deserved people Green Card this year.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.
I Wish God Give me Strength to Fight Legal Immigration Injustice.
When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad
So, I know god is with me.
Wish all so deserved people Green Card this year.
more...
xela
10-10 12:46 PM
If you have a lawyer please ask them, because in my case only the lawyer got the receipt notice.
Now here is what happened to me: filed on July 2nd in Nebraska, receipt notice came from California on Sept 5th, then they forwarded it back to Nebraska and I go the notice of action in the mail (this time I did get it and my lawyer did not), but now my receipt date is Sept. 5th instead of July 2nd.....so don't be surprised if they pull the same thing on you!!!
check online at uscis and make sure your date has already been receipted, then call and call and call....who knows what is getting lost when they move everything around and around!
Good luck!
Now here is what happened to me: filed on July 2nd in Nebraska, receipt notice came from California on Sept 5th, then they forwarded it back to Nebraska and I go the notice of action in the mail (this time I did get it and my lawyer did not), but now my receipt date is Sept. 5th instead of July 2nd.....so don't be surprised if they pull the same thing on you!!!
check online at uscis and make sure your date has already been receipted, then call and call and call....who knows what is getting lost when they move everything around and around!
Good luck!
windycloud
07-24 04:30 PM
Difficult times also present opportunities. Anyone who can start it, especially in EB2, can really benefit from the timing simply because there are MUCH fewer people going for it these days for different reasons. Wait till everything turns rosy again and you'll find yourself among hundreds of thousands of fellow GC pursuers. Sitting in the huge PD2011 queue while watching PD2008 - 2010 people getting fast approvals won't be fun.
The best time to start GC process is always yesterday. And if scrutiny is the concern, let's face it, there is not a good time for it. It's always worrisome until you get that card.
The best time to start GC process is always yesterday. And if scrutiny is the concern, let's face it, there is not a good time for it. It's always worrisome until you get that card.
more...
sands_14
12-05 02:54 PM
i think u need not get a new h1 stamp and can sill come in and out on AP without compromising yr h1 status.
Yes,You should get a multiple-entry AP.If it is one-time entry AP,then you need another AP.Genrally nowadays u get multiple-entry AP.
Yes,You should get a multiple-entry AP.If it is one-time entry AP,then you need another AP.Genrally nowadays u get multiple-entry AP.
REQUIRE_GC
07-12 10:47 AM
Thanks a lot for your valuable input.
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time
more...
gsc999
09-12 07:21 PM
Let's redefine:
"laziness" = DOL
"stupidity" = USCIS
----
Please reconsider language of your posts and your bottom line too.
Most IV members may not subscribe to such harsh views
Thanks
"laziness" = DOL
"stupidity" = USCIS
----
Please reconsider language of your posts and your bottom line too.
Most IV members may not subscribe to such harsh views
Thanks
485Mbe4001
12-17 06:20 PM
Look at the EB3 dates for Mexico for the last 4-6 months, they were all beyond april 2001 and still stuck for 4 months with little movement. Most people think that April 2001 sounds like a beacon of hope or a major hurdle after which things will be normal and we will start getting the GCs, i dont know how you can say EB3 moved fast, and for desis its a long long wait.
Now the biggest hurdle of Apr 30, 2001 is crossed. I am sure that not many people has filed between Sep 2001 and February 2002. Also if you look into PD for China and Phillipines, the dates moved very fast after June 2001. Lot of people applied in late 2002 and early 2003. My guess would be that it will take about 3 to 4 years to clear all the backlogs of 2003. For 2004 it may be over 5 years.
Now the biggest hurdle of Apr 30, 2001 is crossed. I am sure that not many people has filed between Sep 2001 and February 2002. Also if you look into PD for China and Phillipines, the dates moved very fast after June 2001. Lot of people applied in late 2002 and early 2003. My guess would be that it will take about 3 to 4 years to clear all the backlogs of 2003. For 2004 it may be over 5 years.
more...
rajeshbillabong
09-24 09:08 PM
For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.
OK ... what is your solution ?
OK ... what is your solution ?
nousername
02-24 07:23 PM
It clearly says "evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience."
The above person is called a professor.
USCIS wants to know from a professor whether the job profile really needs the degree's you have i.e. is that a good match?
I'm an analyst myself and was asked if MBA is relevant to what the job is. Any educated person can answer that question but USCIS wanted a letter from some professor. If you attorney can not do it then approach your old professors and tell them that you need a letter stating that the job profile you have requires the degree which you also have.. Makes sense??? More like a recommendation letter without actually stating your name.
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
The above person is called a professor.
USCIS wants to know from a professor whether the job profile really needs the degree's you have i.e. is that a good match?
I'm an analyst myself and was asked if MBA is relevant to what the job is. Any educated person can answer that question but USCIS wanted a letter from some professor. If you attorney can not do it then approach your old professors and tell them that you need a letter stating that the job profile you have requires the degree which you also have.. Makes sense??? More like a recommendation letter without actually stating your name.
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
more...
linuxra
02-18 09:56 PM
what can i do with my EAD then?
what are my options
so is it risker to work on ead
i am completely confused
can anybody answer my question?
current h1 with vsginc
i-140 with axiom
what are my options
so is it risker to work on ead
i am completely confused
can anybody answer my question?
current h1 with vsginc
i-140 with axiom
green_mile
10-04 02:09 PM
Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
If not given the crappy funds offered by the 401K plan provider it is not a good idea.
2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.
3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
If not given the crappy funds offered by the 401K plan provider it is not a good idea.
2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.
3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.
reddymjm
04-17 03:48 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.
ckarri
07-27 01:46 PM
I have a friend who filed is 485 on July 24th and he couldn't file for his spouse who was in india at that time.She is coming back on July 30 and planning to file for her I-485.My friend did not receive any receipt and what does he need to do in order to file for her i-485?
-Thanks
contributed $250 so far.
-Thanks
contributed $250 so far.
kaisersose
07-27 02:37 PM
Hi All,
Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.
Thanks.
You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.
Thanks.
You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
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