cooldude0807
06-02 09:04 AM
I have a lawyer who is representing me..so he got the RFE & he fowarded it to me. In your case i would just call USCIS and check to see if you will recieve RFE's since you don't have a lawyer representing you.
krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
newlife2
09-19 10:46 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
newbie2020
05-30 07:43 AM
I replied on another Duplicate thread by the author;
Admins can someone remove the duplicate thread
Admins can someone remove the duplicate thread
more...
reddog
05-22 12:54 PM
Regardless of whether everyone gets their Green Cards or not, the numbers should definitely see a substantial jump.
we are entering into the last quarter, where according to the new rules, everything that has not been allocated will be opened up for retrogressed categories for that FY.
Which actually explained why they pushed EB2 so far back, so that they can bring it forward in the last quarter, i.e. the July bulletin.
On the whole issue of EB retrogression, This current batch of EB based green cards have waited the longest number of years in the history of green cards.
So, sooner or later, someone in the goverment will have to answer why is that they let so many people apply green cards when they did not have a numbers solution ready.
Why were we even allowed to file for Green Cards when they could only issue a certain number based on the Country of Birth, each year.
This is like sell a product to someone, send him an invoice, and he comes back and says, sorry, we have a country wise quota, so even if we bought these goods from you, we wont pay you cos the quota for this year is up.
No, literally, export quotas work that way, they put a quota on sourcing, not on payments.
Why not do the same on Green Cards?
So, this whole mess, what is the right amount of time (in years), that it starts turning into a 'rights' issue from a 'flawed process' issue.
Currently, unless we have some representative in the government, who sees this flaw as a real issue, it is only us non-immigrants who can push this harder, and generate that representative, who instead of sliding this issue along with some big Financial bill, lobbies hard to get this issue resolved, as a separate entity..
ON the hope that OP has generated, personally, Am I hopeful, that I will get my Green Card in July.
Yes, I am always hopeful that I will get my Green Card next month. No, I dont get frustrated, when I dont.
Yes, i definitely get a little bit ticked off, but thats it.
we are entering into the last quarter, where according to the new rules, everything that has not been allocated will be opened up for retrogressed categories for that FY.
Which actually explained why they pushed EB2 so far back, so that they can bring it forward in the last quarter, i.e. the July bulletin.
On the whole issue of EB retrogression, This current batch of EB based green cards have waited the longest number of years in the history of green cards.
So, sooner or later, someone in the goverment will have to answer why is that they let so many people apply green cards when they did not have a numbers solution ready.
Why were we even allowed to file for Green Cards when they could only issue a certain number based on the Country of Birth, each year.
This is like sell a product to someone, send him an invoice, and he comes back and says, sorry, we have a country wise quota, so even if we bought these goods from you, we wont pay you cos the quota for this year is up.
No, literally, export quotas work that way, they put a quota on sourcing, not on payments.
Why not do the same on Green Cards?
So, this whole mess, what is the right amount of time (in years), that it starts turning into a 'rights' issue from a 'flawed process' issue.
Currently, unless we have some representative in the government, who sees this flaw as a real issue, it is only us non-immigrants who can push this harder, and generate that representative, who instead of sliding this issue along with some big Financial bill, lobbies hard to get this issue resolved, as a separate entity..
ON the hope that OP has generated, personally, Am I hopeful, that I will get my Green Card in July.
Yes, I am always hopeful that I will get my Green Card next month. No, I dont get frustrated, when I dont.
Yes, i definitely get a little bit ticked off, but thats it.
WeShallOvercome
11-05 12:59 PM
All of you who could not apply for your spouses for any reason and now facing retrogression:
Please Keep your spouse's application 100% ready with the exception of medical report before your date is officially current again and file it on the very first day that it is current.
==============
Example:
Your PD = May 2005 EB2
July 2008 bulletin is released on 15th June 2008 making your PD current starting July 1st.
You have about 15 days to prepare your spouse's application and also get his/her medicals done.
Send it out on June 30th to be delivered on early morning July 1st 2008.
This is to make sure the dependent's application reaches there BEFORE any chance of your application getting approved.
==============
If you miss it YOUR app is approved before your spouse's app is filed, you are in for some complications.....
I guess most of you already understand the importance of this, Just mentioning here for the benefit of those who don't..
==DO NOT GIVE USICS ANY CHANCE TO APPROVE YOUR APPLICATION BEFORE YOU FILE YOUR SPOUSE'S APPLICATION====
Please Keep your spouse's application 100% ready with the exception of medical report before your date is officially current again and file it on the very first day that it is current.
==============
Example:
Your PD = May 2005 EB2
July 2008 bulletin is released on 15th June 2008 making your PD current starting July 1st.
You have about 15 days to prepare your spouse's application and also get his/her medicals done.
Send it out on June 30th to be delivered on early morning July 1st 2008.
This is to make sure the dependent's application reaches there BEFORE any chance of your application getting approved.
==============
If you miss it YOUR app is approved before your spouse's app is filed, you are in for some complications.....
I guess most of you already understand the importance of this, Just mentioning here for the benefit of those who don't..
==DO NOT GIVE USICS ANY CHANCE TO APPROVE YOUR APPLICATION BEFORE YOU FILE YOUR SPOUSE'S APPLICATION====
more...
gcdreamer05
08-12 06:01 PM
hello all,
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
Sorry i dont have an answer for your question, but reading this i was very surprised because there used to be some forward emails going on, saying after 10 years, all angrezi's will be standing in queue outside indian consulate waiting for harra patta....... some kind of mail like that, looks like it is becoming a reality :)
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
Sorry i dont have an answer for your question, but reading this i was very surprised because there used to be some forward emails going on, saying after 10 years, all angrezi's will be standing in queue outside indian consulate waiting for harra patta....... some kind of mail like that, looks like it is becoming a reality :)
lazycis
12-28 08:22 AM
RFE for I-140
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
To company lawyer, since company is the petitioner for I-140.
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
To company lawyer, since company is the petitioner for I-140.
more...
h1vegas
07-30 12:25 PM
Dont worry it will be fine
Even me and my spouse applied together in late june
I got mine last week and her's is still pending.
Its USCIS...relax
Even me and my spouse applied together in late june
I got mine last week and her's is still pending.
Its USCIS...relax
bigboy007
11-01 02:15 AM
Ok i think u got me misunderstood : Ok to alleviate : Address A - My current address
Address B -- My friends address.
B is in IL , A is in CT. Now all my credit card statements , USCIS all other except DMV drivers license are in A. Only DL is with B reason i moved recently and not sure how many days this is going to work and since moving car registration etc is expensive thing in CT and there is no certainity on how it works . Now i am changing back my DL and Car registration hence asked this Question , i am well aware of fall backs of USCIS hence changed within 10 days filed AR-11 and all pending petetions and USCIS started corresponding with this new address.
Address B -- My friends address.
B is in IL , A is in CT. Now all my credit card statements , USCIS all other except DMV drivers license are in A. Only DL is with B reason i moved recently and not sure how many days this is going to work and since moving car registration etc is expensive thing in CT and there is no certainity on how it works . Now i am changing back my DL and Car registration hence asked this Question , i am well aware of fall backs of USCIS hence changed within 10 days filed AR-11 and all pending petetions and USCIS started corresponding with this new address.
more...
averagedesi
08-27 08:24 PM
The only way I got to a rep is not choosing any option, the system assumes you are on rotary dial and connects you to a human
gemini23
07-02 03:12 PM
Srikondoji,
you can repeat something that is already said. first you said "step back". if you want to repeat, it should be "step back"..not "step aside". Simple logic. enjoy.:cool:
Originally Posted by srikondoji
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
you can repeat something that is already said. first you said "step back". if you want to repeat, it should be "step back"..not "step aside". Simple logic. enjoy.:cool:
Originally Posted by srikondoji
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
more...
WaitingForMyGC
02-24 04:19 PM
Please read my posts carefully, there are no dates as I am on H1B, NO PERM Filed, NO I-140 mail date, NO I-485.
Dude, Are you planning to marry an american citizen? :-)
Just kidding..
Dude, Are you planning to marry an american citizen? :-)
Just kidding..
QuietFlowsTheDon
04-16 05:09 PM
flower mound is a pretty good place.
good schools, home prices are a little better than nearby irving/valley ranch/coppell. property taxes are lesser than that in most other DFW suburbs.
pm me for any other info you would need.
I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!
good schools, home prices are a little better than nearby irving/valley ranch/coppell. property taxes are lesser than that in most other DFW suburbs.
pm me for any other info you would need.
I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!
more...
Rohan99
10-29 12:21 PM
If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?
Please help...
Please help...
trueguy
08-11 02:46 PM
Guys please vote
more...
bobbydalal
08-24 12:05 PM
Hi i just wanna clarify one thing. Ur date is far from being current and they already called u for ur interview is that rite.
shanti
02-24 10:35 AM
Thank you guys for your replies.
NolaIndian32: I have a question, has your lawyer used the experience previous to filing for Labor as a justification to becoming a supervisor or whatever promotion you got? or did he include the experience post labor application?
Becks/Nolaindian32
Another question, I know that for changing the employer keeping the same labor before the I-485 stage that you need to prove same or similar, if that were the case and this is my info:
I came to US in December 2000 H-1B having 5 ys of previous experience, worked for employer A in U.S. from December 2000 until November 2003, joined employer B in December 2003 (another H-1B) where I am still working, then Employer B applied for my Labor in Feb 2005. IF that was the case for the I-140 stage of same or similar, how many years of experience can I use as gained in US? The three years with my first employer or those 3 plus the year that my current employer took to apply for labor in this case it would be four?
Thank you so much in advance.
NolaIndian32: I have a question, has your lawyer used the experience previous to filing for Labor as a justification to becoming a supervisor or whatever promotion you got? or did he include the experience post labor application?
Becks/Nolaindian32
Another question, I know that for changing the employer keeping the same labor before the I-485 stage that you need to prove same or similar, if that were the case and this is my info:
I came to US in December 2000 H-1B having 5 ys of previous experience, worked for employer A in U.S. from December 2000 until November 2003, joined employer B in December 2003 (another H-1B) where I am still working, then Employer B applied for my Labor in Feb 2005. IF that was the case for the I-140 stage of same or similar, how many years of experience can I use as gained in US? The three years with my first employer or those 3 plus the year that my current employer took to apply for labor in this case it would be four?
Thank you so much in advance.
cabal
07-09 09:38 AM
There is no drives even in a 1000 mile radius from where I live, hope this guy gets what he wants, looks like this guy has lots of support, lots of money. Can we do the same for all such people in India, there are probably hundreds of thousands of people in India who are in this situation who have no help like this guy. We should take our mind away from DOS and USCIS for a while and do some better things like this.
You can actually get registered at your local hospital and if you are from South East Asia, they waive the nominal fees they otherwise charge. Note: There are no fees charged during the drives. People please go out and get yourselves registered. Thanks!
You can actually get registered at your local hospital and if you are from South East Asia, they waive the nominal fees they otherwise charge. Note: There are no fees charged during the drives. People please go out and get yourselves registered. Thanks!
4greencard
05-27 11:37 AM
How will the new bill affect the I-485 processing time?
Does anyone know the minimum and maximum times required for I-485 processing?
What type of factors delay the I-485 processing?
Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?
Thank you in advance for your information.
Does anyone know the minimum and maximum times required for I-485 processing?
What type of factors delay the I-485 processing?
Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?
Thank you in advance for your information.
gcpool
03-14 09:22 AM
The thing that has to be remembered is that you have to mention is very clearly how you are availing the priority date and also quote the law.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
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