ragool25
08-16 03:27 PM
Hi,
I am OPT Student ( STEM Extension), I got a full time job in May & joined the company, Before joining the company knows that i am OPT Student.
After a week, I came to know that company was not e-verified company, still working with them on OPT...& asked them to apply for H1.
My company dont want to everify at this point, since they will make many new hire & dont want to add additional steps in hiring.
We filed H1 start as Oct 1, 2010, though i joined in May , also i did not inform my school my new Job.
They applied for H1 through premium processing & Got an RFE. I asked the attorney what is about RFE, she told its about
'' they are requesting verification that you really are an employee of my company and how my company h has control over my work. The deadline for the information to be sent back is September 22, 2010.
Can anyone advise me, how i can prove myself in this case.....
what are chances !
Please post your valuable thoughts & exp.
thanks.
I am OPT Student ( STEM Extension), I got a full time job in May & joined the company, Before joining the company knows that i am OPT Student.
After a week, I came to know that company was not e-verified company, still working with them on OPT...& asked them to apply for H1.
My company dont want to everify at this point, since they will make many new hire & dont want to add additional steps in hiring.
We filed H1 start as Oct 1, 2010, though i joined in May , also i did not inform my school my new Job.
They applied for H1 through premium processing & Got an RFE. I asked the attorney what is about RFE, she told its about
'' they are requesting verification that you really are an employee of my company and how my company h has control over my work. The deadline for the information to be sent back is September 22, 2010.
Can anyone advise me, how i can prove myself in this case.....
what are chances !
Please post your valuable thoughts & exp.
thanks.
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Karthikthiru
03-18 11:57 AM
I also had two LUD's after I submitted the AR-11 form. It took two days more after I submitted the AR-11 form
Karthik
Karthik
bestofall
03-14 08:57 PM
You deserve good Appreciation from rest of the members for taking the lead, I Wish you success
Go IV !
Go IV !
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dvb123
04-05 09:45 AM
There is a memo which says that you can get 1 year H1 till u get the license.
MurthyDotCom : H1B Petitions Should be Approved for 1 Year w/out State License (http://www.murthy.com/news/UDh1pets.html)
However I am not sure if RN positions quality for a h1-b. There was a 50,000 green cards nurses category a cpl of years back for nurses because nurses do not quality for h1. However they did not extend the category.
Nursing / Nurses: GREEN CARD APPLICATION PROCESS (http://knowaboutnursing.blogspot.com/2008/03/green-card-application-process.html)
Others pls update this thread with your knowledge and Experience
MurthyDotCom : H1B Petitions Should be Approved for 1 Year w/out State License (http://www.murthy.com/news/UDh1pets.html)
However I am not sure if RN positions quality for a h1-b. There was a 50,000 green cards nurses category a cpl of years back for nurses because nurses do not quality for h1. However they did not extend the category.
Nursing / Nurses: GREEN CARD APPLICATION PROCESS (http://knowaboutnursing.blogspot.com/2008/03/green-card-application-process.html)
Others pls update this thread with your knowledge and Experience
more...
karthkc
03-17 05:02 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
kondur_007
08-11 08:58 PM
Yes, it is possible to process your GC through company B while you are working for company A.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
more...
clif
03-17 04:47 PM
While on H1B with Employer A, can I use EAD for 2nd job with Employer B?
Also, can I work as independent consultant/contractor (get 1099 instead of W2) while working on H1B with Employer A?
Also, can I work as independent consultant/contractor (get 1099 instead of W2) while working on H1B with Employer A?
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mukuraj
05-23 01:31 PM
I filed I-485 in July 2007 through my employer (EB3 with Priority date - 02/2004) and my wife filed her I-485 adjustment of status at the same time. We don't have our H-1 visas anymore and using EAD & AP for employment and travel.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
more...
LookingForGC
07-09 01:12 PM
Thank You! It helps.
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javadeveloper
07-27 05:40 PM
I am starting this thread for Interview related discussions.
Here is my question:I live in NY and my attorney is located in CA.I got Interview with Immigration and I want to attend that interview along with my attorney.Is it possible to schedule my Interview in CA where my attorney works/lives? Or is it like we need to attend where USCIS specifies?
Share your experiances.
Note to Admin:Please make this thread sticky if you feel it is worth enough.
Here is my question:I live in NY and my attorney is located in CA.I got Interview with Immigration and I want to attend that interview along with my attorney.Is it possible to schedule my Interview in CA where my attorney works/lives? Or is it like we need to attend where USCIS specifies?
Share your experiances.
Note to Admin:Please make this thread sticky if you feel it is worth enough.
more...
gbof
09-01 04:37 PM
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sundar99
02-27 01:41 AM
http://www.outlookindia.com/full.asp?fodname=20060306&fname=Mittal&sid=2
Perhaps - if we show that India can benefit by 1 Billion $ worth of H1 folks Social Sec Contribution for India's development, might either US Govt commit to returning the money or make provision for quicker dispension of GC cases for H1 folks waiting for GCs... Kamal nath, Dayanidhi Maran are shrewd and savvy politicians unlike other folks who are equal to lalooos !
Folks,
RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
Perhaps - if we show that India can benefit by 1 Billion $ worth of H1 folks Social Sec Contribution for India's development, might either US Govt commit to returning the money or make provision for quicker dispension of GC cases for H1 folks waiting for GCs... Kamal nath, Dayanidhi Maran are shrewd and savvy politicians unlike other folks who are equal to lalooos !
Folks,
RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
more...
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cox
September 4th, 2005, 04:27 AM
Hi folks. I took this last night, and it really doesn't live up to the real scene. The real thing was more grand and subtle in color. Any suggestions on improvements? (to this shot or for next time)
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1DM2, 100mm f/2.8 @ f/32, 20s, ISO50, Av, Circular Polarizer :)
http://www.dphoto.us/forumphotos/data/931/medium/Dunes_State_Park_c_C_rsm_090305_JP8X4575.jpg (http://javascript<b></b>:;)
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ChangeIsNeeded
08-25 01:45 PM
Hi! I hope this is the right place to post this. If not, can you please tell me where it should be posted?
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
more...
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pappu
05-25 08:35 AM
We have temporarily suspended donor forum at this time as we do not have the man-hours and bandwidth to validate each donor to be added to the donor forum. At this time we are focusing on Advocacy events in DC and all of our energy is being utilized to reach out to lawmakers. All important updates are being posted on the public forums.
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nirmal301
03-26 11:03 PM
Hi,
Only pay for your H1 if you know employer or any of your friend has done H1 process from that employer and application was success.
You will find many scams to take H1 fees and never return your money back.
But try to find employer who is ready to file your case and in return can ask for some deposit money for security purpose and same will be return to you once you start working for him.
Whether to pay or not ?
It always depends upon individual..If you think $1500 - $2000 is not big amount for H1 then yes.. pay for it if you don't have any other option.
I did the same thing.. I search for employer who can file my case but was not succeed in that so finally paid H1 fees $2000 :( ...But I guess it will be worth it.
Regards,
Nirms
Only pay for your H1 if you know employer or any of your friend has done H1 process from that employer and application was success.
You will find many scams to take H1 fees and never return your money back.
But try to find employer who is ready to file your case and in return can ask for some deposit money for security purpose and same will be return to you once you start working for him.
Whether to pay or not ?
It always depends upon individual..If you think $1500 - $2000 is not big amount for H1 then yes.. pay for it if you don't have any other option.
I did the same thing.. I search for employer who can file my case but was not succeed in that so finally paid H1 fees $2000 :( ...But I guess it will be worth it.
Regards,
Nirms
more...
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justin150377
06-28 10:03 PM
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roseball
06-27 01:23 PM
Yes, go ahead and upgrade your pending H1 extension to premium processing. As per the law, USCIS can deny your H1 extension if a 485 is pending at the time a decision is taken on the H1 extension petition...This is a possibility only if they check if a 485 is pending while they adjudicate your extension petition.....
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coolpal
04-14 11:49 AM
Are you working for your new employer now? (I assume not).
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
sgupta33
08-28 05:12 PM
Hello,
The dept. of labor uses two types of codes, one of which is the SOC code. Yours may be a SOC code (Standard Occupational Classification) or the other one (name I can't remember). If you look at Murthy.com and search for articles on AC21, you'll find information on the two types of codes the DOL uses. The go to the DOL website and do a search for the two types of occupational codes and see which classification system your code matches. Once you access the classification, just look for your number and it should give you a brief description. I did this for my code.
The dept. of labor uses two types of codes, one of which is the SOC code. Yours may be a SOC code (Standard Occupational Classification) or the other one (name I can't remember). If you look at Murthy.com and search for articles on AC21, you'll find information on the two types of codes the DOL uses. The go to the DOL website and do a search for the two types of occupational codes and see which classification system your code matches. Once you access the classification, just look for your number and it should give you a brief description. I did this for my code.
bottlemani
11-20 01:37 PM
Thanks qplearn and pappu. Folks in NY, please join the NY state chapter thread.
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