Thứ Hai, 20 tháng 6, 2011

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  • ItIsNotFunny
    12-17 03:27 PM
    I had posted my query on another thread but thought of creating a new one with all the updates.

    My priority date is Feb 26, 2008 and I-140 mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.

    Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.

    My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.

    She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.

    My question to you all are:

    1. Are these my only option to make sure I can renew my H1 after the 6th
    year?
    2. How long does an appeal take to respond?
    3. Is appeal my only way out? Can I request for a
    Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
    Jan 2009?
    4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
    will that be a problem?
    5. At what stage of the green card process should I be in to be eligible for
    my H1 to be extended after my 6th year?
    6. Any other issues that might come up?


    Thanks!

    I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.




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  • seaken75
    07-14 10:47 PM
    USCIS is not required to return your adjustment of status applications within any timeframe. If your number becomes current before you receive your applications back, i suggest that you send in new applications and indicate on the I-485 that you submitted adjustment of status applications in July 2007 and have not yet received any correspondence from USCIS on the case.




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  • krishnam70
    07-09 12:45 PM
    I read about the problem in this thread and immediatly called all our friends and signed up for the drive. We went in a group of 25 people and signed up. Hopefully something will work out for Vinay and people like him. This is not a one time effort but once we are in the registry we have the capability to help many others who might be needing help. I urge members to please go to the drive's or request information on how to create drives in your own city and help in this good cause.




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  • rockstart
    03-01 07:28 PM
    Were you working all the time in 2006 or were you on vacation? In case you were on vacation or medical leave or overseas for personal visit you can be on leave without pay. I am assuming 2006 was your 1st year so you definately did not have paid vacations. My advice is please document all your off time well this will help you.

    Hey Tiger,

    Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.

    Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension



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  • bushman06
    08-21 02:48 PM
    Immigration officer gave I94 date till my visa expired.




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  • arunasri
    08-26 04:21 PM
    My EAD is pending. I applied on Jul 3rd. Current EAD expires on Sep 26th. I am little worried.
    Do you have USCIS phone# with extensions that you pressed to reach Customer service.



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  • nixstor
    10-30 03:14 PM
    I tried to post a couple of times and they are not getting posted. Does the comments need to be reviewed by some one before they get posted? Is it instantaneous?




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  • bogati
    07-27 11:45 PM
    Hi there,

    In my experience, Maryland Driver license is the easiest license to get. I moved from Ohio when I was on Student OPT. I had Ohio Driver license and I went to Maryland DMV and got license for 5 years. I am wondering why you did not get Maryland license.



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  • morchu
    05-12 05:47 PM
    Thanks for clarifying this.
    OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.




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  • saint_2010
    06-25 12:42 PM
    Would taking a picture using a digital camera at home and print them out ourselves help....not trying to be greedy but trying to get good quality pictures compared to crappy CVS/Walgreens/Costco/etc. picutres....what do u think guys?



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  • bablata2007
    11-27 04:29 PM
    Is this a feasible option? Incase I lose the job, can I change to H4 status based on my wife's H1B? Then wait out the 180 days period and get back to another job?




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  • suriajay12
    03-26 09:05 AM
    I voted up the Immigration questions.

    Looks like the Anti-Immigration folks are trying to vote down our questions.

    - JK

    Voted UP for anything to do with legal immigraiton. 3-4 more hours its open.



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  • Blog Feeds
    09-18 10:20 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjqJS7W3AZUyUmfKWQHZsMU6JJLJ26LSIuxJB70aEM0tSTreaM5tvVZJCS-3fZgOPGEJN9ffWzilSd06qN-z5Rue0s1j4EVm89xuck77eVaB7FS5OR0X3r9ihNBC8gmrSZVLeaiY0si11k/s320/Wilson+Liar.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjqJS7W3AZUyUmfKWQHZsMU6JJLJ26LSIuxJB70aEM0tSTreaM5tvVZJCS-3fZgOPGEJN9ffWzilSd06qN-z5Rue0s1j4EVm89xuck77eVaB7FS5OR0X3r9ihNBC8gmrSZVLeaiY0si11k/s1600-h/Wilson+Liar.jpg)During President Obama's address to a joint session of Congress on Tuesday, Congressman Joe Wilson (R. SC), shouted "LIAR!" when President Obama stated that the proposed health care plan would not cover "illegal aliens." Now, Joe Wilson said he should know this because he once was an immigration lawyer (http://www.riehlworldview.com/carnivorous_conservative/2009/09/rep-joe-wilson-speaks-to-rwv.html). Whether that meant immigration from or to South Carolina, I am not sure, but one thing is for sure, no one I know ever knew Joe Wilson the immigration lawyer. If by "immigration lawyer" Mr. Wilson meant that he once helped an immigrant get deported, I am not sure that really counts. But if "Joe the Immigration Lawyer" is like "Joe the Plumber," then maybe he thinks he really was one.

    After all, an immigration lawyer would likely be able to understand what exactly the law means when it says that only citizens and permanent residents are covered under the Obama plan. What has caused Joe Wilson to react like this, besides a serious lack of self control, is the provision in the proposed legislation that eliminates the requirement of using the "SAVE" system to verify whether someone who is an immigrant, is legally in the United States. Use of this program has stopped very few undocumented immigrants from getting public benefits, but has stopped literally thousands of U.S. citizens, mostly poor, from obtaining benefits because of their lack of accessible proof of their citizenship.

    Factcheck.org has presented a short article on Seven Falsehoods About Health Care (http://www.factcheck.org/2009/08/seven-falsehoods-about-health-care/). One of those applies directly to this point:

    False: Illegal Immigrants Will Be Covered. One Republican congressman issued
    a press release claiming that "5,600,000 Illegal Aliens May Be Covered Under Obamacare (http://steveking.house.gov/index.cfm?FuseAction=Newsroom.PressReleases&ContentRecord_id=a294b300-19b9-b4b1-1296-659af869849a&Region_id=&Issue_id=)," and we�ve been peppered with queries about similar claims. They�re not true. In fact, the House bill (the only bill to be formally introduced in its entirety) specifically says that no federal money would be spent on giving illegal immigrants health coverage:

    H.R. 3200: Sec 246 � NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.

    Also, under current law, those in the country illegally don�t qualify for federal health programs. Of interest: About half of illegal immigrants have health insurance now, according to the nonpartisan Pew Hispanic Center, which says those who lack insurance do so principally because their employers don�t offer it."Misleading GOP Health Care Claims" (http://factcheck.org/2009/07/misleading-gop-health-care-claims/) July 23 � by Brooks Jackson, Viveca Novak, Lori Robertson and Jess Henig.


    I can certainly see both sides of the debate, and, frankly, neither side is being completely honest or clear. What is quite clear, is how immigration, and our broken immigration system, keeps coming up in the context of the debate of national agenda items, such as the health care debate.



    Several weeks ago I blogged on the danger that the tone of the Health care debate (http://ailaleadership.blogspot.com/2009/08/healthcare-debate-and-immigration.html)had for the coming immigration reform debate. Calling the President a Liar during his speech to a joint session to Congress is Exhibit A in what we have in store for the coming debate. If Joe Wilson the Immigration Lawyer can misrepresent the consequences of legislative language as straight forward as these two particular sections, we have to be prepared for the extraordinary misrepresentations of any positive aspects of an immigration reform bill. Whether it is "amnesty," "rewarding law breakers," "open borders," "Liars," or even "destroyers of American culture" we have to understand how to phrase and present the response. Without a doubt, the response from those of us who understand the need to balance immigration reform, with security concerns, and with economic growth has to be not only vocal, but focused. We, as Real Immigration Lawyers, must know the language of the proposed legislation, we must know the myths that are out there, and we need to be vocal in our response.




    Next week, more than 40 talk radio hosts are descending on Capital Hill for the FAIR (http://www.splcenter.org/intel/intelreport/article.jsp?aid=846)Annual Scare the Crap Out of Congress Boondoggle. The outrageous claims of the downfall of America caused by illegal immigration, along with similarly nutty myths will be presented as facts. Actual real news organization will cite the Center for Immigration Studies as a legitimate source of information. We must be prepared to call into our local radio stations, whose hosts are in D.C. next week, and be prepared to present the facts of immigration. Not by sugar coating the problems that are caused by illegal immigration, but rather by pointing out which specific laws are broken (INA 212(a)(9) anyone?) and how having a comprehensive solution can actually fix the immigration pothole in the legislative superhighway. Immigration Lawyers it is time to Stand Up and be vocal and beat back the immigration myths (http://www.aila.org/content/default.aspx?bc=27924).





    https://blogger.googleusercontent.com/tracker/186823568153827945-8070452709764975137?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/liar-what-does-health-care-have-to-do.html)




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  • gopi246
    03-20 09:52 PM
    Did you contact the SSN department in person or called them.? Its better to go in person and get hold of the supervisor.

    My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.

    Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.



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  • koppula09
    01-04 12:51 PM
    Hi,

    I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

    Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

    Thanks & Regards,
    -- Venkat




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  • Adam
    08-27 04:50 PM
    Don't feel too left out, I have no idea either :lol:

    those Calvin and Hobbes are great!



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  • kondur_007
    09-24 12:06 PM
    All they said was that you do not have enough ties in India and you will work there.
    It sounds very lame to me.

    It looks like sec 214 (b) denial. This is purely at descretion of consulate. No one can say "consulate is wrong" in this case. To my eyes, only option is to get here here on H4 and then apply for change of status to F1 (with the help of a good lawyer since the case is somewhat convoluted now).

    I am not quite certain about other options of continuing to study on H4 (which may exist), but definitely OPT option will only be available with F1.

    Good Luck.




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  • amoljak
    02-09 12:33 PM
    Let's not forget that the reason Immigration Voices exists and the reason we are standing in the long line of immigration is exactly what David Brooks has outlined in the first few paragraphs.

    If India and China were to blow by the US... why would we be here in the first place?

    So instead of making an argument that you will be damned if you don't let us in (which is not entirely true), we should argue that US is a great country and a land of opportunities and we can help to make it even better...




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  • ganguteli
    07-07 11:58 AM
    Large scare denials will help people wake up. A lot of these H1B folks with I140 approved and EAD are living in a state of denials. Only when they get RFE or denial they come to IV.
    Unless these people support, people who are in the labor pending stage will not get enough members to help them out.




    waitingmygc
    09-08 04:26 PM
    I am convinced with Prashanthi.

    Now these days, its relevantly easier for company to file GC for senior position which requires a higher minimum qualification (let�s say Masters) to avoid a lot of resume and/or audit. If a GC seeker has enough number of experience (10/11 +) and a higher degree then its comparatively easier than non-senior.

    For a non-senior positions, prepare a good job adv with combination of skill set. If received a resumes without the combination then your company HR can reject the resume. No problem, as long as everything has been done properly, so that in case of an audit a proper response can be given.




    Queen Josephine
    August 9th, 2005, 07:42 AM
    I am trained as a physicist, and crossed polarizers are a common method of managing light in physics experiments, so I decided to try that here.

    You can't use circular polarizers like most of us have for our autofocus DSLRs. Stacked C-polarizers don't black out, because they are both filtering the same light.

    With two polarizers you get weird rainbow effects from diffraction, and the whole scene tends to the purple/UV.

    Always nice to have a scientist on board seeing possibilities we sometimes miss. Thanks for the great explanation Michael!



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