lonedesi
06-13 11:51 AM
A friend of mine transferred his H1b from company A to company B. He applied for the H1b transfer and then started working on company B. His H1b from company A expired while his petition was pending with USCIS. He received an RFE after 3 months. Company B responded to RFE but received one more RFE for the previously responded RFE. Now my friend fears that his H1b transfer petition may be denied. Would it be possible for my friend to return to company A and apply for H1b under premium processing even though his H1b with this company expired couple of months back? He has been working all this while on the basis that his petition is still pending with USCIS. Any suggestions or advise would be much appreciated.
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vivid_bharti
07-27 04:00 PM
Guys, I just checked my bank statement and it seems they have cashed the check for mine & my spouses fees, but haven't cashed the check for my Son's AP renewal. I am already wondering what's coming in mail....They'll never let you sit in peace...
USCIS's moto : strip them to the last penny then drag them to their last breath
USCIS's moto : strip them to the last penny then drag them to their last breath
chanduv23
10-15 07:21 AM
The information, and guideline we got from you is going to help us a lot pappu... also many thanks to other chapter leaders who took time out and helped us learn the process.
Lets get going friends here at Michigan.....
we must fight this monster..... we must fight for our rights, and what is fair....
we must fight for our families and friends.....
Concentrate on the topics you want to discuss on, and bring more friends to the 20th meeting.....
I missed it, not aware of it, not sure why. I am glad to see this chapter grow. There was a time where we were searching for folks with torchlights. Thanks to Chintu, walking_dude, cagedcactus, bestin and all others who are now making this happen.
I have a very close friend in Michigan, and asked him to join, but he talks about all hardships, about his HR manager, about his company, about his lawyer, about everything except IV stuff. I am sure there are many more people here doing the same thing. We have to motivate folks to come forward. We cannot afford to have people who are inactive.
Good luck to you all, try to merge folks from nearby states if they are still not organized until they get organized.
Lets get going friends here at Michigan.....
we must fight this monster..... we must fight for our rights, and what is fair....
we must fight for our families and friends.....
Concentrate on the topics you want to discuss on, and bring more friends to the 20th meeting.....
I missed it, not aware of it, not sure why. I am glad to see this chapter grow. There was a time where we were searching for folks with torchlights. Thanks to Chintu, walking_dude, cagedcactus, bestin and all others who are now making this happen.
I have a very close friend in Michigan, and asked him to join, but he talks about all hardships, about his HR manager, about his company, about his lawyer, about everything except IV stuff. I am sure there are many more people here doing the same thing. We have to motivate folks to come forward. We cannot afford to have people who are inactive.
Good luck to you all, try to merge folks from nearby states if they are still not organized until they get organized.
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ash0210
11-08 09:37 AM
In Ohio, after 16 years Dems - Mr Strickland is elected. Wondering whether he is pro immigration or not.
I looked at his website, he do talks about Child welfare, Create schools that work for every child, creating jobs and further he says - "skills for high-quality jobs" and "create/attract jobs worthy of Ohio workers ".
Does it really mean he is "Pro- Immigration"? and whether its advisbile to contact him or its "TOO Early" to contact conressmans in your area?
Bit confused..needs decide our strategy...Does IV core team & Team members will help every individual on this "sensitive" issue?
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
I looked at his website, he do talks about Child welfare, Create schools that work for every child, creating jobs and further he says - "skills for high-quality jobs" and "create/attract jobs worthy of Ohio workers ".
Does it really mean he is "Pro- Immigration"? and whether its advisbile to contact him or its "TOO Early" to contact conressmans in your area?
Bit confused..needs decide our strategy...Does IV core team & Team members will help every individual on this "sensitive" issue?
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
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nav_saini
04-26 11:57 AM
Paypal: 0AW03157BU407862E
Will contribute more...
Best of luck
Will contribute more...
Best of luck
abhijitp
02-09 10:39 PM
2 men (waiting4gc + me), 3 hours, 1 ethnic grocer => 77 letters
Also got 2 more from friends.
Also got 2 more from friends.
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bigboy007
09-25 03:38 AM
I agree with concept of sending ac21 letter but there are similar experiences that this letter is ofcourse of hardly any consideration.
AC21 is a law, if erraneously denied it should be opened by MTR...as ppl have underlined , it doesnt matter whether a person used EAD or H1B. This whole discussion is triggered by employer revoking 140 not becoz USCIS is denying due to I129. Its all in the IO if hez not aware of AC21 thats our trouble begines. :( but i have not heard of any failure of AC21 MTR so far ...
prince_charming, you had mentioned that you had done H1 transfer with AC21.
I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.
AC21 is a law, if erraneously denied it should be opened by MTR...as ppl have underlined , it doesnt matter whether a person used EAD or H1B. This whole discussion is triggered by employer revoking 140 not becoz USCIS is denying due to I129. Its all in the IO if hez not aware of AC21 thats our trouble begines. :( but i have not heard of any failure of AC21 MTR so far ...
prince_charming, you had mentioned that you had done H1 transfer with AC21.
I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.
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felix31
12-05 02:48 PM
I second you on that.But we must keep in mind,we know the law before coming here .Every immigration lawyer wants H4 law to be changed but, you know "USCIS".. they have handsfulll.
But even knowing what H4 entails is not so much helpful. Only when you experience it on your own, you realize what a bad move that was.
E.G. If I knew the time in H1/H4 is counted together I would not have accepted moving every 3-6 months with my husband on his projects. I would have done everything to get my H1 in my first year here and my husband would stay and change H1 sponsors every year if need be.
But no, it had to go other way.
Several imm lawyers misguided me in this H1/H4 time matte, until it was literally too late. Hiring time in my profession is tied to the beginning of the school year when all H1 visas are long long gone.
I was getting offers when I cannot get a visa and vice versa. Not a single school district wants to tend an offer 9-12 months in advance...
And - well, you all now how the story goes from there. We cannot buy a house, we cannot start our business, .....I guess we are just fed up with 'no - you can't do that' answer, every time we want to do something with our lives.
This 'on hold' situation lasts too long.
I am only staying here to further my professional education and benefit as much as I can, so that in the end the trade off is not going to be so bad..
......
7 years ago, when my hubby and I had enough of civil war in our home country, we were almost ready to send our papers under SW category and move to Canada.
As luck would have it, his H1 went through faster then we imagined, so we ended up in the US. I wish we had a foresight to go ahead with Canadian PR as soon as we came here. We would have been both much better off, already citizens, profesionally more satisfied and happy.
But even knowing what H4 entails is not so much helpful. Only when you experience it on your own, you realize what a bad move that was.
E.G. If I knew the time in H1/H4 is counted together I would not have accepted moving every 3-6 months with my husband on his projects. I would have done everything to get my H1 in my first year here and my husband would stay and change H1 sponsors every year if need be.
But no, it had to go other way.
Several imm lawyers misguided me in this H1/H4 time matte, until it was literally too late. Hiring time in my profession is tied to the beginning of the school year when all H1 visas are long long gone.
I was getting offers when I cannot get a visa and vice versa. Not a single school district wants to tend an offer 9-12 months in advance...
And - well, you all now how the story goes from there. We cannot buy a house, we cannot start our business, .....I guess we are just fed up with 'no - you can't do that' answer, every time we want to do something with our lives.
This 'on hold' situation lasts too long.
I am only staying here to further my professional education and benefit as much as I can, so that in the end the trade off is not going to be so bad..
......
7 years ago, when my hubby and I had enough of civil war in our home country, we were almost ready to send our papers under SW category and move to Canada.
As luck would have it, his H1 went through faster then we imagined, so we ended up in the US. I wish we had a foresight to go ahead with Canadian PR as soon as we came here. We would have been both much better off, already citizens, profesionally more satisfied and happy.
more...
mpoov
02-13 03:41 AM
Nurses are already under shortage occupation list, even though some articles says otherwise! Their visas stopped from Ja. 2007. US hospitals will definitley feel the heat within months, since, much awaited their nurses are on hold at their parent country. US Hospitals have already invested funds for their CGFNS, RN. petitoning etc. Their emergency rooms will be overcrowded.. and wards will be shut down.. if visas not approved soon. .. Senators have always soft corner in health industry.. and they will not allow public to feel the heat..Blocking nurses visa will definitely put us in bad picture before the american public..
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Dhundhun
06-29 02:59 AM
I and my wife got our approved EADs in our hand in 17 days (Mailing day to USCIS to recevied date by us). Only strange thing is that my EAD is valid from 06/2008 to 06/2009. I thought the new EADs validity would begin when the existing expires. My existing EAD expires on 09/19/2008. I lost 3 months with this renewal.
USCIS has been unfair in renewing EAD.
What about writing a letter to them? - by grace of God, if they do realize, they may give properly - for 2 years.
Nothing wrong in trying.
USCIS has been unfair in renewing EAD.
What about writing a letter to them? - by grace of God, if they do realize, they may give properly - for 2 years.
Nothing wrong in trying.
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Jaime
05-30 06:22 PM
Let's go to churches and temples and pray that this amendment passes.
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dixie
07-17 11:45 PM
This clever trick isnt going to work forever. I understand a lot of you have already spent 8-9 years here waiting for a GC, but fresh H1-Bs like me fully know what the situation is and are mentally prepared with alternative plans for career advancement. Our strategy is to save like ants while here, make mimimal investments, apply for a GC and wait. If no reform is forthcoming, we will give up on the US as a long term option and head out much before we give the prime of our working careers to a dead-end job in this country.
If a majority of the H1-Bs do that, what will the tech companies do ? They will be forced to send more jobs to our home countries. Come on, you cannot do all your work with fresh-off-the-boat H1Bs .. experience will always be needed. If they cannot get those experienced folks here, the jobs will simply go where we are (and will get done for an even lower price of course).It is already happening; retrogression will only accelerate it. Such a situation effectively amounts to training foreign workers, paying them and sending them home. It is a no-brainer who the real loser is in such a bargain : yes, it is us in the short term, but ultimately the US economy will pay a price.
Current immigration policy is based on the assumption that our home countries will forever remain poor, and the US will have a never-ending stream of smart, hard-working people desperate to settle here. In a globalized world, that is fast becoming outdated.Sooner congress realises the better.
Let us fact it. We need GCs and we have waited for x years. Now that only seems to be illusion that may happen some day, many years from now. Have we contributed to this country. Yes in many folds.
Will the US govt provide relief. Probably not. They will certainly
raise H1bs as they need more contributors to SS. All this SKIL etc is just to keep us going for a few more years. After a few more years, many will give up, but get used to living the way we live now. We just wont have the energy to complain. After a while it is human nature, at least in most cases to accept. If we accept we will continue here hoping, some day GC will happen. I believe the majority will fall into this category. There maybe a few who will leave. But then there will be thousand more new H1b coming in to do the work, chasing the GC illusion, contributing to SS, buying cars, paying rents keeping the economy going. The lawyers will make money. Employers will get indentured workers. The economy will benefit from their productivity. So all concerned except you and me will be OK.
They understand the circle of life better than you and I do. It is about time we understand this. Once this sinks in, we will make the right choice, whet ever that maybe.
If a majority of the H1-Bs do that, what will the tech companies do ? They will be forced to send more jobs to our home countries. Come on, you cannot do all your work with fresh-off-the-boat H1Bs .. experience will always be needed. If they cannot get those experienced folks here, the jobs will simply go where we are (and will get done for an even lower price of course).It is already happening; retrogression will only accelerate it. Such a situation effectively amounts to training foreign workers, paying them and sending them home. It is a no-brainer who the real loser is in such a bargain : yes, it is us in the short term, but ultimately the US economy will pay a price.
Current immigration policy is based on the assumption that our home countries will forever remain poor, and the US will have a never-ending stream of smart, hard-working people desperate to settle here. In a globalized world, that is fast becoming outdated.Sooner congress realises the better.
Let us fact it. We need GCs and we have waited for x years. Now that only seems to be illusion that may happen some day, many years from now. Have we contributed to this country. Yes in many folds.
Will the US govt provide relief. Probably not. They will certainly
raise H1bs as they need more contributors to SS. All this SKIL etc is just to keep us going for a few more years. After a few more years, many will give up, but get used to living the way we live now. We just wont have the energy to complain. After a while it is human nature, at least in most cases to accept. If we accept we will continue here hoping, some day GC will happen. I believe the majority will fall into this category. There maybe a few who will leave. But then there will be thousand more new H1b coming in to do the work, chasing the GC illusion, contributing to SS, buying cars, paying rents keeping the economy going. The lawyers will make money. Employers will get indentured workers. The economy will benefit from their productivity. So all concerned except you and me will be OK.
They understand the circle of life better than you and I do. It is about time we understand this. Once this sinks in, we will make the right choice, whet ever that maybe.
more...
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piyu7444
08-05 12:10 AM
If you are on WEST COAST (CA) I highly recommend KELLY WACHS.
She will talk to you at length to answer your questions and will do every possible thing to make sure that your paperwork gets submitted to USCIS without any ERRORS. She is quick with email/phone calls.
518 Ocean Street, 2nd Floor, Santa Cruz, California 95060
Telephone: 831-457-2253 Fax: 831-457-0103
kellywachs.com
If you are on EAST COAST (NJ/NY) I highly recommend RK LAW and in particular POLLY CHAN / Shirley
http://www.rkalaw.com/
RUBIN, KAPLAN & ASSOCIATES A PROFESSIONAL CORPORATION
200 Centennial Avenue, Suite 110
Piscataway, New Jersey 08854-3950
(Middlesex County)
Phone: 732-463-7511
Fax: 732-463-7648
Email Contact:
Shirley Yu - syu@rkalaw.com
Polly Chan - pychan@rkalaw.com
Polly is smart & will asnwer all your questions + will help you as mush as she can. If she does not have full info. on any item she will find out & then call you back with accurate information. Whatever information/answer she will have for you will be 100% reliable/accurate.
I have had chance to work directly with both the above mentioned lawyers and have had EXCELLENT experience. I actually never had any problem with my immigration lawyers. :)
If you need more information feel free to contact me.
Good Luck!
She will talk to you at length to answer your questions and will do every possible thing to make sure that your paperwork gets submitted to USCIS without any ERRORS. She is quick with email/phone calls.
518 Ocean Street, 2nd Floor, Santa Cruz, California 95060
Telephone: 831-457-2253 Fax: 831-457-0103
kellywachs.com
If you are on EAST COAST (NJ/NY) I highly recommend RK LAW and in particular POLLY CHAN / Shirley
http://www.rkalaw.com/
RUBIN, KAPLAN & ASSOCIATES A PROFESSIONAL CORPORATION
200 Centennial Avenue, Suite 110
Piscataway, New Jersey 08854-3950
(Middlesex County)
Phone: 732-463-7511
Fax: 732-463-7648
Email Contact:
Shirley Yu - syu@rkalaw.com
Polly Chan - pychan@rkalaw.com
Polly is smart & will asnwer all your questions + will help you as mush as she can. If she does not have full info. on any item she will find out & then call you back with accurate information. Whatever information/answer she will have for you will be 100% reliable/accurate.
I have had chance to work directly with both the above mentioned lawyers and have had EXCELLENT experience. I actually never had any problem with my immigration lawyers. :)
If you need more information feel free to contact me.
Good Luck!
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jkays94
03-06 12:40 PM
Requesting a Fee Waiver
To qualify for a fee waiver, a requester must demonstrate that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Your fee waiver request should include a detailed justification to support your claim of public interest. Your justification must also include how the information will be provided and distributed to the public.
http://www.dhs.gov/xfoia/editorial_0316.shtm
To qualify for a fee waiver, a requester must demonstrate that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Your fee waiver request should include a detailed justification to support your claim of public interest. Your justification must also include how the information will be provided and distributed to the public.
http://www.dhs.gov/xfoia/editorial_0316.shtm
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goel_ar
04-28 11:29 AM
Sent $50 to donations@immigrationvoice.org
Paypal Transaction ID #0PX89824R59726602)
Good luck
Arun
Paypal Transaction ID #0PX89824R59726602)
Good luck
Arun
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ram04
12-19 08:47 PM
I was on H1 with new company, so I never stopped working.
Hope this helps.
- Ram
Great news. I am in smilar case, My MTR is filed 10days ago and waiting for case to reopen.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
Hope this helps.
- Ram
Great news. I am in smilar case, My MTR is filed 10days ago and waiting for case to reopen.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
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coopheal
03-14 04:54 PM
This is like telling passengers to move to the other side of the boat when it starts sinking one side. The outcome is only making the boat sink faster. Remember, the huge backlogs are not completely due to unavailable visa numbers.
Unless there is a real need, moving from EB3 to EB2 dont make much sense.
Do not agree with this. This is not a fair analogy.
Nobody is saying IV should stop efforts for administrative and legislative fixes.
If someone has an option to switch to EB2, he/she should definitely try it.
Unless there is a real need, moving from EB3 to EB2 dont make much sense.
Do not agree with this. This is not a fair analogy.
Nobody is saying IV should stop efforts for administrative and legislative fixes.
If someone has an option to switch to EB2, he/she should definitely try it.
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belmontboy
09-29 09:35 PM
You get what you pay for, in a way.
Not really.
I have flown most domestic airlines in this country on really cheap fares/deals and had good experiences overall.
My experience with AI was through code sharing with Singapore. And it sucked big time!
Setting aside my patriotism for a bit, the problem with Air India is it's government run. And we all know how "professional" Indian govt run agencies are.
Not really.
I have flown most domestic airlines in this country on really cheap fares/deals and had good experiences overall.
My experience with AI was through code sharing with Singapore. And it sucked big time!
Setting aside my patriotism for a bit, the problem with Air India is it's government run. And we all know how "professional" Indian govt run agencies are.
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rajuseattle
01-14 07:11 PM
Mohican,
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
H1B-GC
06-10 02:17 PM
EB2 China - No Change
EB2 India - October 1st 2005
Good luck to all those who are current!!
EB2 India - October 1st 2005
Good luck to all those who are current!!
paskal
09-28 11:40 AM
franklin,
hermione has been very active in helping with battling immigration backlogs in general despite her "oh so close to green card status". she was responsible for one of our better pre rally videos as well. guess we can put it down to not tolerating the whole mess :-)
you can also find her on greg siskind's blog.
hermione: sorry for not replying, been terribly busy these last few days!
we should talk sometime though...
hermione has been very active in helping with battling immigration backlogs in general despite her "oh so close to green card status". she was responsible for one of our better pre rally videos as well. guess we can put it down to not tolerating the whole mess :-)
you can also find her on greg siskind's blog.
hermione: sorry for not replying, been terribly busy these last few days!
we should talk sometime though...
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